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EVANS v. BARBER SUPER MARKETS, INC.

No. 6877.

363 P.2d 625 (1961)

69 N.M. 13

Jack N. EVANS and Grace D. Evans, Plaintiffs-Appellants, v. BARBER SUPER MARKETS, INC., and The Green Giant Company, Defendants-Appellees.

Supreme Court of New Mexico.

July 12, 1961.

Attorney(s) appearing for the Case

Koogler & Smith, Aztec, for appellants.

Tansey & Rosebrough, Farmington, for appellees.

COMPTON, Chief Justice.

Unfortunately this appeal cannot be disposed of on the merits due to appellants' failure to comply with the provisions of Sec. 21-2-1(5) (1), 1953 Comp., being our Appellate Rule (5) (1), which reads:

"Within thirty days from the entry of any final judgment in any civil action any party aggrieved may appeal therefrom to the Supreme Court * * *."

Pursuant to a motion filed by the defendant, Barber Super Markets, Inc., the complaint...

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