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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO A.C. CATTLE CO., a New Mexico corporation, 4 Plaintiff/Counterdefendant-Appellant, vs. NO. 31,610 PORTALES NATIONAL BANK, a division of the James Polk Stone National Bank, and BARRY STONE, an individual, 10 Defendants/Counterplaintiffs-Appellees, and PORTALES NATIONAL BANK and BARRY STONE, 14 Third-Party Plaintiffs, 15 vs. ALVA CARTER, JR., as personal representative of the Estate of Alva Carter, Sr., deceased, ALAN CARTER, an individual, ALVA CARTER, JR., an individual, CARTER’S MILK FACTORY, INC., a New Mexico corporation, SLOPING HILLS DAIRY, LLC, a New Mexico limited liability company, P.V.N.G.M., LLC, a New Mexico limited liability company, A.C.

3 MOTORS, LLC, a New Mexico limited liability company, and P.V.N.F., LLC, d/b/a Big Valley Auto, a New Mexico limited liability company.

6 Third-Party Defendants.

7 Martin E. Threet & Associates Martin E. Threet Albuquerque, NM for Appellee Doerr and Kndson, P.A.

12 Stephen E. Doerr Portales, NM for Appellants APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY Drew D. Tatum, District Judge

17 MEMORANDUM OPINION GARCIA, Judge.

19 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.

22 Affirmed.

1 IT IS SO ORDERED.

3 TIMOTHY L. GARCIA, Judge

4 WE CONCUR:

6 CELIA FOY CASTILLO, Chief Judge

8 JAMES J. WECHSLER, Judge