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CENTRAL-SOUTHWEST D. COOP. v. AMERICAN BANK OF COM.

No. 8342.

432 P.2d 820 (1967)

78 N.M. 464

CENTRAL-SOUTHWEST DAIRY COOPERATIVE, Appellee, v. AMERICAN BANK OF COMMERCE, Defendant-Appellant and Third-Party Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee, Third-Party Defendant. CENTRAL-SOUTHWEST DAIRY COOPERATIVE, Appellee, v. GREAT AMERICAN INSURANCE COMPANY, Appellant.

Supreme Court of New Mexico.

October 16, 1967.

Attorney(s) appearing for the Case

Grantham, Spann, Sanchez & Rager, Rodey, Dickason, Sloan, Akin & Robb, Charles B. Larrabee, Toulouse, Ruud, Gallagher & Walters, Albuquerque, for Central-Southwest Dairy Cooperative.

Albert T. Ussery, Juan G. Burciaga, Albuquerque, for American Bank of Commerce.

Keleher & McLeod, Russell Moore, Albuquerque, for U.S. Fidelity & Guaranty Co.

OPINION

MOISE, Justice.

We are here called upon to consider if the judgment appealed from was a decision final and appealable under Rule 54(b) (§ 21-1-1(54) (b), N.M.S.A. 1953). If it is determined that it was not appealable, that will dispose of the case.

The record discloses that appellee Central-Southwest Dairy Cooperative commenced this action against appellant American Bank of Commerce to recover certain amounts allegedly paid improperly...

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