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SNOW v. WARREN POWER & MACHINERY, INC.

No. 32,335.

326 P.3d 33 (2013)

2014-NMCA-054

Ken SNOW and Allene Snow, Plaintiffs-Appellants, v. WARREN POWER & MACHINERY, INC., d/b/a Warren Cat, and Brininstool Equipment Sales, Defendants-Appellees, and Midwest Hose & Specialty, Inc., Gandy Corporation, Repcon, Inc., and Holly Corporation, Defendants.

Court of Appeals of New Mexico.

Certiorari Granted, May 1, 2014, No. 34,501.

Attorney(s) appearing for the Case

Fadduol, Cluff & Hardy, P.C., Richard L. Hardy , Eileen M. Shearin , Lubbock, TX, Sanders and Westbrook, P.C. Maureen A. Sanders , Albuquerque, NM, for Appellants.

Rodey, Dickason, Sloan, Akin & Robb, P.A. Thomas A. Outler , Richard E. Hatch , Albuquerque, NM, Civerolo, Gralow, Hill & Curtis, P.A., Lawrence H. Hill , Justin L. Robbs , Albuquerque, NM, for Appellees.

OPINION

GARCIA, Judge.

{1} We withdraw our opinion filed on December 12, 2013 and substitute the following in its place. Plaintiffs appeal from two orders granting summary judgment to Defendants Warren Power & Machinery, Inc., d/b/a Warren CAT and Brininstool Equipment Sales based upon the running of the statute of limitations. The question we must answer is whether the statute of limitations expired...

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