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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO WESLEY RUNYAN and JAN RUNYAN, 4 Plaintiff-Appellees, vs. NO. 31,831 EDUARDO J. MERINO, Individually and d/b/a/ J.E.M. CONSTRUCTION, 8 Defendant-Appellant, Sanders, Bruin, Coll & Worley, P.A.

10 Clayton S. Hightower Roswell, NM for Appellee Bernadette Sedillo Las Cruces, NM for Appellant APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Charles C. Currier, District Judge 1 MEMORANDUM OPINION GARCIA, Judge.

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

6 Affirmed.

7 IT IS SO ORDERED.

9 TIMOTHY L. GARCIA, Judge

10 WE CONCUR:

12 LINDA M. VANZI, Judge

14 J. MILES HANISEE, Judge