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ATHERTON v. GOPIN

No. 29,850.

272 P.3d 700 (2012)

2012-NMCA-023

Utti ATHERTON, Laura Jaramillo, John Doe 1-99, and Jane Doe 1-99, Plaintiffs-Appellants, and New Mexico Attorney General, Plaintiff, v. Michael J. GOPIN, Defendant-Appellee.

Court of Appeals of New Mexico.

January 19, 2012.

Attorney(s) appearing for the Case

Kyle W. Gesswein , Las Cruces, NM, Phillip B. Davis , Albuquerque, NM, for Appellants.

J. Monty Stevens , El Paso, TX, Carrillo Law Firm, P.C., Karen E. Wootton , Las Cruces, NM, for Appellee.

OPINION

BUSTAMANTE, Judge.

{1} Plaintiffs prevailed in their Unfair Practices Act (UPA) action against Defendant. NMSA 1978, §§ 57-12-1 to -26 (1967, as amended through 2009). As a consequence, they were entitled to an award of attorney fees. Section 57-12-10(C). The district court refused to apply a multiplier factor to the lodestar fee it approved, concluding that New Mexico only allows multipliers in class actions and "common fund...

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