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AETNA FINANCE CO. v. GAITHER

Nos. 20927, 20994 and 21059.

880 P.2d 857 (1994)

118 N.M. 246

AETNA FINANCE COMPANY, d/b/a ITT Financial Services, Plaintiff-Counter-Appellant and Cross-Appellee, v. Robert E. GAITHER, a/k/a Robert Gaither, Neecie Gaither, Frank A. Murray, and Velma Murray, Defendants and Counterclaimants Appellees and Cross-Appellants.

Supreme Court of New Mexico.

Rehearing Denied September 9, 1994.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, P.C., Jay D. Hertz, Suann Hendren, Albuquerque, for appellant and cross-appellee.

Frank A. Murray, III, Santa Fe, for appellees and cross-appellants.

OPINION

FRANCHINI, Justice.

Aetna Finance Company, doing business as ITT Financial Services, appeals from a judgment awarding $26,067.38 in damages and $13,258.77 in costs and attorney's fees to Frank A. and Velma Murray. A jury found that ITT had violated the Unfair Practices Act, NMSA 1978, §§ 57-12-1 to -21 (Repl. Pamp.1987), by knowingly making a statement that was false or misleading to Robert and Neecie Gaither, and that this deception caused...

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