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MORALES v. E.D. ETNYRE & CO.

No. CIV. 04-0558 JB.

382 F.Supp.2d 1285 (2005)

Robert MORALES, Angela K. Morales, Brandon R. Morales, Mary Ann Morales, and Tate W. Morales, Plaintiffs, v. E.D. ETNYRE & CO., Road Machinery Company, Inc., and John Does 1-10, Defendants.

United States District Court, D. New Mexico.

June 29, 2005.

Attorney(s) appearing for the Case

Jerrald J. Roehl, The Roehl Law Firm, P.C., Albuquerque, NM, for Plaintiffs.

Terry R. Guebert, Marcus E. Garcia, Guebert, Bruckner & Bootes, P.C., Albuquerque, NM, for Defendant E.D. Etnyre & Co.

Thomas M. Domme, Michael Duran, Miller Stratvert, P.A., Albuquerque, NM, for Defendant Road Machinery Company.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendants E.D. Etnyre & Co. and Road Machinery Company's Motion for Summary Judgment on Duty to Maintain, filed January 21, 2005 (Doc. 57). On February 18, 2005, the Court held a hearing on this motion and took it under advisement. The primary issue is whether Etnyre had a duty to retro-fit or recall the Black Topper. Based on the Plaintiffs...

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