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WILLIAMS v. STEWART

No. 23,730.

112 P.3d 281 (2005)

2005-NMCA-061

137 N.M. 420

Ermelinda WILLIAMS, Nasario Lopez, Lillian Starzyk, Olivama Sandoval, and Erlinda Trujillo, on their own behalves and as Representatives of a class of similarly situated persons, Plaintiffs-Appellants, v. Michael W. STEWART, M.D., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 10, 2005.

Attorney(s) appearing for the Case

Richard W. Hughes, Caren I. Friedman, Rothstein, Donatelli, Hughes, Dahlstrom & Schoenburg, LLP, John C. Bienvenu, Santa Fe, for Appellants.

Robin A. Goble, Alice Tomlinson Lorenz, Gary L. Gordon, Miller Stratvert P.A., Albuquerque, for Appellee.

Certiorari Denied, No. 29,167, May 10, 2005.

OPINION

WECHSLER, Judge.

{1} This is an appeal from an order granting summary judgment and dismissing a class action lawsuit. The issues primarily concern the application of the discovery rule. The essential elements of fraud are also at issue. Under the circumstances presented, we conclude that publicity concerning a program to use body parts removed in autopsies did not give rise to a duty to...

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