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JEWELL v. SEIDENBERG

No. 446.

475 P.2d 785 (1970)

Bobbie JEWELL, and the minors, Tommie E. Jewell, III, and Michelle M. Jewell, by their next friend, Bobbie L. Jewell, Plaintiffs-Appellees and Cross-Appellants, v. Leonard SEIDENBERG and Louise Geng Seidenberg, Defendants-Appellants and Cross-Appellees.

Court of Appeals of New Mexico.

Certiorari issued June 29, 1970.

Attorney(s) appearing for the Case

Allen C. Dewey, Jr., Leland S. Sedberry, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellants.

O.R. Adams, Jr., Edward P. Chase, Albuquerque, for appellees.

OPINION

HENDLEY, Judge.

Defendants appeal from adverse verdicts in a medical malpractice action. Defendauts' Point III is dispositive of the appeal. We reverse.

"THE TRIAL COURT'S FAILURE AND REFUSAL TO FOLLOW THE NEW MEXICO UNIFORM JURY INSTRUCTIONS DEPRIVED DEFENDANTS OF A FAIR TRIAL."

By Supreme Court Order No. 8000 Misc. dated May 5, 1966, Rule 51 of the Rules of Civil Procedure [§ 21-1-1(51), N.M.S.A. 1953 (Supp. 1969)] was amended...

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