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CAMPOS v. BROOKSBANK

No. Civ. 98-1574 JP/LFG.

120 F.Supp.2d 1271 (2000)

Leroy and Debbie CAMPOS, Plaintiffs, v. Thomas BROOKSBANK, Defendant.

United States District Court, D. New Mexico.

April 19, 2000.

Attorney(s) appearing for the Case

Richard N. Feferman, Albuquerque, NM, for Leroy Campos, plaintiff.

Daniel W. Lewis, Farrell Matthew Smith, Hatch, Allen & Shepherd, Albuquerque, NM, for Thomas Brooksbank, defendant.

MEMORANDUM OPINION AND ORDER

PARKER, District Judge.

On January 20, 2000 Defendant filed a motion to dismiss (Doc. No. 38) under Fed.R.Civ.P. 12(b)(6). For the reasons discussed herein the motion will be denied.

I. Background

The factual allegations as taken from the complaint and the pleadings are as follows: Plaintiffs Leroy Campos and Debbie Giron Campos purchased a used car which they ultimately returned to the seller. Plaintiffs...

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