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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO ZIA TRUST, INC., Wrongful Death Personal Reprsentative of the ESTATE OF CODY STROHMAN, Deceased, LINDA LEE PAGE, JESSE DEAN STROHMAN, and MARVIN STROHMAN, 8 Plaintiffs-Appellants, v. No. 33,571 MOUNTAIN STATES CONSTRUCTORS, INC., 12 Defendant-Appellee.

13 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Ted Baca, District Judge Will Ferguson & Associates David M. Houliston Albuquerque, NM for Appellants Madison & Mroz, P.A.

20 Gregory D. Steinman Minal P. Unruh Albuquerque, NM for Appellee 24 MEMORANDUM OPINION FRY, Judge.

2 {1} Summary affirmance was proposed for the reasons stated in the calendar notice.

3 No memorandum opposing summary affirmance has been filed, and the time for doing so has expired. AFFIRMED.

5 {2} IT IS SO ORDERED.

7 CYNTHIA A. FRY, Judge WE CONCUR:

10 JONATHAN B. SUTIN, Judge

12 J. MILES HANISEE, Judge