1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO ARCHIBALD A. SPROUL and LISA MCFADDEN SPROUL, 9 Plaintiffs, v. NO. 31,125 ROB & CHARLIES, INC., GT BICYCLES, INC., PACIFIC CYCLES, INC., and ISHIWATA, 14 Defendants, and ROB & CHARLIES, INC., 17 Third Party Plaintiff-Appellant, v. JOY INDUSTRIAL CO., LTD., 20 Third Party Defendant-Appellee, and J&B IMPORTS, INC., QUALITY BICYCLE PRODUCTS, INC., and DOREL INDUSTRIES, INC., 1 Third Party Defendants.

2 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Barbara J. Vigil, District Judge Kenneth C. Downes & Associates, P.C.

5 Kenneth C. Downes Corrales, NM Steven C. Henry Corrales, NM for Plaintiffs Hatcher & Tebo, P.A.

11 Scott P. Hatcher Christopher J. Tebo Santa Fe, NM for Appellant McClaugherty & Silver, P.C.

16 Joe L. McClaugherty Tamara Safarik Santa Fe, NM for Appellee Guebert Bruckner, P.C.

21 Terry Guebert Albuquerque, NM for Defendant/Third Party Defendant

1 MEMORANDUM OPINION VANZI, Judge.

3 Summary dismissal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary dismissal has been filed and the time for doing so has expired.

6 DISMISSED.

7 IT IS SO ORDERED.

8 __________________________________ 9 LINDA M. VANZI, Judge WE CONCUR:

11 _________________________________ JAMES J. WECHSLER, Judge

13 _________________________________ MICHAEL E. VIGIL, Judge