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SANDERS, BRUIN, COLL & WORLEY v. McKAY OIL

No. 23479.

943 P.2d 104 (1997)

123 N.M. 457

1997-NMSC-030

SANDERS, BRUIN, COLL & WORLEY, P.A., Plaintiff, v. McKAY OIL CORPORATION; McKay Childrens Trust, New Mexico Gas Marketing, Inc., McKay Living Trust, Sanders Petroleum Corporation, McKay Drilling Partners, Inc., Petro Grande Corporation, and Talent Energy Corporation, Defendants-Counterclaimants-Appellants. v. Steven P. FISHER, Michael T. Worley, Charles H. Coll, Richard L. Kraft, and Sanders, Bruin, Coll & Worley, P.A., Counterdefendants-Appellees.

Supreme Court of New Mexico.

June 18, 1997.

Attorney(s) appearing for the Case

Thomas J. Horan, Albuquerque, William G. Gilstrap, P.C., William G. Gilstrap, Albuquerque, for Plaintiffs-Appellants.

Rodey, Dickason, Sloan, Akin & Robb, P.A., John M. Brant, R. Nelson Franse, Jeffrey M. Croasdell, Albuquerque, for Defendants-Appellees.

OPINION

BACA, Justice.

1. Upon certification from the Court of Appeals pursuant to NMSA 1978, Section 34-5-14 (Repl.Pamp.1996), Roy L. McKay and his corporate entities (collectively referred to as "McKay") seek review of a district court order granting summary judgment in favor of Appellees Fisher, Worley, Coll, and Kraft. This Court now considers whether the trial court properly granted the motion. We hold that the summary judgment motion should...

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