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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO PAUL MUELLER, 3 Plaintiff-Appellant, v. No. 33,788 ALLSUP’S CONVENIENCE STORES, INC., 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Nan G. Nash, District Judge Glasheen, Valles & Inderman, LLP Brent M. Ferrel Albuquerque, NM for Appellant Paul Koller Albuquerque, NM for Appellee 16 MEMORANDUM OPINION SUTIN, Judge.

1 {1} Summary reversal and remand were proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary reversal has been filed and the time for doing so has expired.

4 {2} REVERSED AND REMANDED.

5 {3} IT IS SO ORDERED.

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

9 _______________________________ JAMES J. WECHSLER, Judge

11 _______________________________ LINDA M. VANZI, Judge