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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO GALLUP INDEPENDENT, 3 Plaintiff-Appellee, v. No. 35,119 KRQE NEWS 13, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY Robert A. Aragon, District Judge The Law Offices of David R. Jordan, PC David R. Jordan Gallup, NM Modrall, Sperling, Roehl, Harris & Sisk, P.A.

13 Emil J. Kiehne Albuquerque, NM for Appellee Esquivel Law Firm, LLC Martin R. Esquivel Albuquerque, NM for Appellant 1 MEMORANDUM OPINION SUTIN, Judge.

3 {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.

6 {2} AFFIRMED.

7 {3} IT IS SO ORDERED.

8 __________________________________ 9 JONATHAN B. SUTIN, Judge WE CONCUR: _______________________________ MICHAEL E. VIGIL, Chief Judge

13 _______________________________ TIMOTHY L. GARCIA, Judge