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TRUJILLO v. PURO

No. 7402.

683 P.2d 963 (1984)

101 N.M. 408

Joe R. TRUJILLO, Plaintiff-Appellee, v. Gary PURO, M.D., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 1, 1984.

Attorney(s) appearing for the Case

Kemp W. Gorthey, Campbell, Byrd & Black, P.A., Santa Fe, for defendant-appellant.

Stephen G. Schmidt, Paul F. Abrams, Prince, Schmidt & O'Friel, Santa Fe, Daniel Shapiro, Tanya L. Scott, Ortega & Snead, P.A., Albuquerque, for plaintiff-appellee.

OPINION

DONNELLY, Chief Judge.

Following rehearing this Court's prior opinion is withdrawn and the following opinion is substituted therefor.

Defendant Gary Puro, M.D. brings this interlocutory appeal from an order of the district court denying his motions for failure to state a claim and partial summary judgment on the second amended complaint of the plaintiff Joe R. Trujillo. On appeal defendant raises three issues: (1) the trial court lacks subject...

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