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LACKEY v. MESA PETROLEUM CO.

No. 2408.

559 P.2d 1192 (1976)

90 N.M. 65

Orth C. LACKEY and Mary R. Lackey, Plaintiffs-Appellants, v. MESA PETROLEUM COMPANY, Koch Oil Company, and the Permian Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

August 31, 1976.

Attorney(s) appearing for the Case

Joseph E. Roehl, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for plaintiffs-appellants.

Harold L. Hensley, Jr., Paul J. Kelly, Jr., Hinkle, Bondurant, Cox & Eaton, Roswell, for defendants-appellees Mesa and Permian.

Thomas F. McKenna, Albuquerque, for defendant-appellee Koch.

OPINION

SUTIN, Judge.

Plaintiffs appeal from an adverse summary judgment granted all defendants, arising out of a claim for damages and an accounting from defendants based upon an oil and gas lease. We reverse.

A. Interrogatories signed and verified by Mesa's attorney were not under oath and did not support its summary judgment.

Rule 33 of the Rules of Civil Procedure provides in part:

Any party may serve upon any adverse...

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