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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO ROBERT A. ARMIJO, 3 Plaintiff-Appellant, v. No. 32,323 JOHN BAUMGARTEL, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Barbara J. Vigil, District Judge J. Ronald Boyd Santa Fe, NM for Appellant Keleher & McLeod, P.A.

13 Robert J. Perovich Thomas C. Bird Nathan S. Stimson Albuquerque, NM for Appellee 18 MEMORANDUM OPINION SUTIN, Judge.

1 Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired. A memorandum in support of proposed summary affirmance was filed on behalf of Appellee.

5 AFFIRMED.

6 IT IS SO ORDERED.

7 __________________________________ 8 JONATHAN B. SUTIN, Judge WE CONCUR:

10 ______________________________ JAMES J. WECHSLER, Judge

12 ______________________________ RODERICK T. KENNEDY, Judge