GARDNER-ZEMKE CO. v. STATE

No. 18517.

790 P.2d 1010 (1990)

GARDNER-ZEMKE COMPANY, Plaintiff-Appellant, v. STATE of New Mexico, Fox & Associates, Inc., Morrison-Knudson Company, Inc. and W.C. Kruger & Associates, Defendants-Appellee.

Supreme Court of New Mexico.

Rehearing Denied May 23, 1990.


Attorney(s) appearing for the Case

Linda Zemke, Sullivan, Villella, Skarsgard & Noya, Charles J. Noya, Albuquerque, for plaintiff-appellant.

Hal Stratton, Atty. Gen., Bruce Charles and Nann Houliston, Asst. Attys. Gen., Santa Fe, for defendant-appellee State of N.M.

Harl D. Byrd, Santa Fe, for defendant-appellee Morrison.

Montgomery & Andrews, P.A., John B. Pound, Ann B. Hemenway, Santa Fe, for defendant-appellee Kruger.

Watrous & Reardon, Thomas S. Watrous, Albuquerque, for defendant-appellee Fox & Associates.


OPINION

BACA, Justice.

This case is before us on an appeal of the grant of defendants-appellees' motion for summary judgment in an action for breach of contract and negligence. We find that no material issues of fact exist, that summary judgment was appropriately granted, and we affirm the judgment below.

FACTS

This case arises out of a construction project to build the Las Cruces Medium Security Facility. Multiple parties are involved: Gardner...

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