431 P.2d 70

#### Clifton A. SMITH, Petitioner, v. William W. LOOS, Respondent.

No. 8495.

Supreme Court of New Mexico.

Aug. 24, 1967.

CHAVEZ, Chief Justice and MOISE, COMPTON and CARMODY, Justices, concurring, NOBLE, Justice, being absent and not participating.

Ordered that petition for writ of cer-tiorari be and the same is hereby denied.

Further ordered that the record in Court of Appeals cause No. 40 be and the same is hereby returned to the Clerk of the Court of Appeals.