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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO CITY OF GALLUP, New Mexico, a municipal corporation, 4 Plaintiff-Appellee, v. NO. A-1-CA-37247 PHILLIP HART, 7 Defendant-Appellant, APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY Robert A. Aragon, District Judge Stelzner, Winter, Warburton, Flores, Sanchez & Dawes, P.A.

11 Rebekah Anne Gallegos Albuquerque, NM for Appellee JoHanna C. Cox Albuquerque, NM for Appellant 17 MEMORANDUM OPINION VIGIL, Judge.

19 {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.

3 {2} DISMISSED.

4 {3} IT IS SO ORDERED.

5 _______________________________ 6 MICHAEL E. VIGIL, Judge

7 WE CONCUR:

8 ___________________________________ M. MONICA ZAMORA, Judge

10 _________________________________ J. MILES HANISEE, Judge