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WHEELER v. FURR'S, INC.

CV No. 85-0262 HB.

620 F.Supp. 14 (1985)

Lloyd WHEELER, Plaintiff, v. FURR'S, INC., d/b/a Clardy's Dairy and James Benefits, Defendants.

United States District Court, D. New Mexico.

June 27, 1985.

Attorney(s) appearing for the Case

Robert Waldman, Roswell, N.M., for plaintiffs.

Ronald M. Gaswirth, Dan Hartsfield, Gardere & Wynne, Dallas, Tex., Duane C. Gilkey, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, N.M., for Furr's, Inc.

MEMORANDUM OPINION AND ORDER

BRATTON, Chief Judge.

This matter comes before the court on defendants' motion to dismiss. The court, having considered the motion and been apprised of the applicable authorities concludes that the motion is not well taken and should be denied.

Plaintiff instituted this action on January 18, 1985, in the District Court of the State of New Mexico, County of Chaves. The case was removed to federal court on February 15,...

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