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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 DALE NESBIT and PAMELA NESBIT, 4 Plaintiffs-Appellees, v. NO. 32,083 JERRY McCOY, 7 Defendant-Appellant.

8 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY J. Richard Brown, District Judge

10 Martin, Dugan & Martin Lane T. Martin Mark R. Horton Carlsbad, NM for Appellees Jerry McCoy Carlsbad, NM Pro Se Appellant 1 MEMORANDUM OPINION KENNEDY, Judge.

3 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.

6 AFFIRMED.

7 IT IS SO ORDERED.

8 _______________________________ 9 RODERICK T. KENNEDY, Judge

10 WE CONCUR:

11 _________________________________ MICHAEL D. BUSTAMANTE, Judge

13 _________________________________ JONATHAN B. SUTIN, Judge