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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO N-DEMAND TEST AND BALANCE, LLC, a New Mexico Limited Liability Company, 4 Plaintiff-Appellee, v. NO. A-1-CA-36192 WESTERN MECHANICAL CO., INC., a New Mexico Corporation, 8 Defendant-Appellant.

9 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY C. Shannon Bacon, District Judge Sean R. Calvert Albuquerque, NM for Appellee Wolf & Fox, P.C.

15 Alan Mark Varela Albuquerque, NM for Appellant 18 MEMORANDUM OPINION VIGIL, Judge.

1 {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.

4 {2} DISMISSED.

5 {3} IT IS SO ORDERED.

6 _______________________________ 7 MICHAEL E. VIGIL, Judge

8 WE CONCUR:

9 _________________________________ JULIE J. VARGAS, Judge

11 _________________________________ JENNIFER L. ATTREP, Judge