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DAIRYLAND INS. CO. v. HERMAN

No. 23718.

954 P.2d 56 (1997)

124 N.M. 624

1998-NMSC-005

DAIRYLAND INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. Ronald HERMAN, personal representative of the Estate of Glenna Susie Herman and as father, guardian and next friend of Andrew D. Herman, a minor child, Defendant-Counter-Claimant-Appellant, and Peter H. Johnstone, administrator of the Estate of Ivan S. Fragua, deceased, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied February 10, 1998.

Attorney(s) appearing for the Case

Grisham & Lawless, P.A., Thomas L. Grisham, Albuquerque, for Appellant.

Foster, Johnson, Harris & McDonald, J. Douglas Foster, Albuquerque, for Appellee.

OPINION

FRANCHINI, Chief Justice.

{1} This case comes to us from the United States Court of Appeals for the Tenth Circuit, in accordance with its rule providing "for certification by a federal court of questions arising under the laws of that state which may control the outcome of a [federal] case" (10th Cir. R. 27.1), and our own certification statute, NMSA 1978, § 34-2-8 (repealed 1997) (relating to...

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