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WALLIS v. SMITH

No. 20,272.

22 P.3d 682 (2001)

130 N.M. 214

2001-NMCA-017

Peter WALLIS, Plaintiff-Appellant, v. Kellie Rae SMITH, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 19, 2001.

Attorney(s) appearing for the Case

Ashley Gauthier, Simone, Roberts & Weiss, P.A., Albuquerque, NM, for Appellant.

Paul J. Kennedy, Mary Y.C. Han, Albuquerque, NM, for Appellee.

Certiorari Denied, No. 26,857, April 19, 2001.

OPINION

BOSSON, Judge.

{1} Peter Wallis and Kellie Rae Smith were partners in a consensual sexual relationship. Allegedly, Smith misrepresented that she was practicing birth control when she was not, and Wallis unknowingly fathered her child. Wallis sued Smith for money damages, asserting four causes of action—fraud, breach of contract, conversion, and...

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