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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO WILLIAM GARDNER, 3 Plaintiff/Counterdefendant-Appellee, v. NO. 35,612 ERIC RIVERA d/b/a SOUTHWEST METAL DESIGN, 6 Defendant/Counterclaimant-Appellant, and ERIC RIVERA d/b/a SOUTHWEST METAL DIVISION, 9 Third-party Plaintiff/Counterdefendant-Appellant, v. KATHRYN GARDNER, 12 Third-party Defendant/Counterclaimant-Appellee.

13 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY John F. Davis, District Judge Crowley & Gribble PC Clayton E. Crowley Albuquerque, NM.

18 for Appellees David M. Houliston Albuquerque, NM.

3 for Appellant

4 MEMORANDUM OPINION VIGIL, Chief Judge.

6 {1} Summary dismissal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary dismissal has been filed and the time for doing so has expired.

9 {2} DISMISSED.

10 {3} IT IS SO ORDERED.

11 _______________________________ 12 MICHAEL E. VIGIL, Chief Judge

13 WE CONCUR:

14 _________________________________ JONATHAN B. SUTIN, Judge

16 _________________________________ STEPHEN G. FRENCH, Judge