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Trujillo v. Treat3/1/1988
at the hearing on the motion for summary judgment, we cannot say, as a matter of law, that there were no issues of material fact. See Merrill v. Stringer; Trujillo v. Galio; see also Sweenhart v. Co-Con, Inc., 95 N.M. 773, 626 P.2d 310 (Ct. App.1981). Thus, the issue of Treat's alleged negligence was not properly subject to resolution as a matter of law.
Reversed and remanded.
IT IS SO ORDERED.
PAMELA B. MINZNER, Judge, LORENZO F. GARCIA, Judge, CONCUR.
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