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Sanchez v. Kirby11/27/2001
t interested in having Mann or Infinity protect his rights. Mann and Infinity are keeping the appeal alive under the pretense of continuing to protect Kirby. We relieve Mann and Infinity of that burden. This appeal is dismissed as moot.
The motion for rehearing implicitly expresses concern that this opinion may somehow preclude an adjudication of the validity of Kirby's assignment. Nothing in this opinion is intended in any way or to be construed to preclude an adjudication of the validity of Kirby's assignment in the separate litigation between Sanchez and Infinity and Mann. See Paul Kirby, and through Cecilia Sanchez, as assignee v. Infinity Ins. Co. and Nathan Mann, No. 00101-CV-2000-0121 (First Judicial District Court, State of New Mexico).
IT IS SO ORDERED.
JONATHAN B. SUTIN, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
CYNTHIA A. FRY, Judge
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