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

2 CITY OF ARTESIA, 3 Plaintiff-Appellee,

4 v. NO. 33,477 RANDALL B. THOMAS, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY Lisa B. Riley, District Judge Viola Rhodes Artesia, NM for Appellee Dick A. Blendan Carlsbad, NM for Appellant

15 MEMORANDUM OPINION HANISEE, Judge.

1 {1} 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.

4 {2} AFFIRMED.

5 {3} IT IS SO ORDERED.

6 ____________________________________ 7 J. MILES HANISEE, Judge

8 WE CONCUR:

9 ___________________________________ MICHAEL D. BUSTAMANTE, Judge

11 ___________________________________ CYNTHIA A. FRY, Judge