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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO CITY OF FARMINGTON, 3 Plaintiff-Appellant, v. No. 35,717 FERNANDO DUNCAN, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Daylene A. Marsh, District Judge Office of the City Attorney Russel A. Frost Farmington, NM for Appellant Tyson Quail Farmington, NM for Appellee

16 MEMORANDUM OPINION GARCIA, 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 TIMOTHY L. GARCIA, Judge WE CONCUR:

9 _______________________________ JONATHAN B. SUTIN, Judge

11 _______________________________ M. MONICA ZAMORA, Judge