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ESKEW v. NATIONAL FARMERS UNION INS. CO.

No. 20,626.

11 P.3d 1229 (2000)

129 N.M. 667

2000-NMCA-093

Gary and Vickie ESKEW, Plaintiffs-Appellants, v. NATIONAL FARMERS UNION INSURANCE COMPANY and ENMR Telephone Cooperative, Intervenors-Appellees, Michael A. Rowley, M.D. and Mario A. Gutierrez, M.D., Defendants (not parties to appeal).

Court of Appeals of New Mexico.

September 18, 2000.

Attorney(s) appearing for the Case

John R. Polk and Clara Ann Bowler, Albuquerque, NM, for Appellants.

David L. Skinner, Albuquerque, NM, for Appellees.

OPINION

WECHSLER, Judge.

{1} Plaintiffs-Appellants Gary and Vickie Eskew (collectively, Employee) and Intervenors-Appellees National Farmers Union Insurance Company and ENMR Telephone Cooperative (collectively, Insurer) dispute whether Insurer may be assessed costs when there was no net recovery for Employee in his lawsuit against alleged tortfeasors. The trial court ruled as a matter of law that Insurer could not be assessed any share of the costs...

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