CIT GROUP/EQUIP. FIN. v. HORIZON POTASH

No. 15646.

884 P.2d 821 (1994)

118 N.M. 665

The CIT GROUP/EQUIPMENT FINANCING, INC., a New York corporation, Plaintiff-Appellee, v. HORIZON POTASH CORPORATION, a Delaware corporation; Amax, Inc., a New York corporation; Mountain States Mutual Life Insurance Company; Union Industrial Corporation; Barrie Hood, Inc.; Industrial Electric Service & Supply Co.; Electric Supply Co. of Carlsbad, Inc.; The Mine Supply Co. and IMSCO, a Division of The Mine Supply Co.; Universal Bearing & Chain, Inc.; Industrial Bus Lines, Inc.; Mining Service & Supply, Inc.; and Garrett's Supply Corporation, all New Mexico corporations; United States Bureau of Land Management, a subagency of the United States Department of the Interior, an agency of the United States Government; Construction Products Division of W.R. Grace & Co.-Conn., a Connecticut corporation doing business as Composite Technology; Timothy L. McLemore; Suresh K. Desal; ABC Tool & Equipment Rental, Inc., a New Mexico corporation; Emmanuel J. "Dan" Daniel; Sweatt Construction Co., a New Mexico partnership, and Keers Environmental, Inc., a New Mexico corporation, Defendants. MOUNTAIN STATES MUTUAL LIFE INSURANCE COMPANY, a New Mexico corporation, Plaintiff-in-Intervention-Appellant, Union Industrial Corporation, Barrie Hood, Inc.; Industrial Electric Supply Inc.; Electric Supply Co.; Mine Supply Co.; Universal Bearing & Chain; Industrial Bus Lines, Inc.; Mining Service & Supply, and Garrett's Supply Corporation, all New Mexico corporations, Plaintiffs-in-Intervention, v. THE CIT GROUP/EQUIPMENT FINANCING, INC., a New York corporation, Defendant-in-Intervention-Appellee, Horizon Potash Corporation, a Delaware corporation; Horizon Gold Corporation, a/k/a Horizon Resources Corporation; Amax, Inc., a New York corporation; United States Bureau of Land Management, a subagency of the United States Department of the Interior, an agency of the United States Government, Defendants-in-Intervention.

Court of Appeals of New Mexico.

August 24, 1994.


Attorney(s) appearing for the Case

Gail Gottlieb, Sutin, Thayer & Brown, P.C., Albuquerque, for plaintiff, defendant-in-intervention-appellee.

W.T. Martin, Jr., Law Offices of W.T. Martin, Jr., P.A., Carlsbad, for defendants, plaintiff-in-intervention-appellant.


OPINION

PICKARD, Judge.

The mechanics' and materialmen's lien statute for labor, equipment, and materials furnished in certain projects provides that:

Every person performing labor upon, providing ... equipment ... for, or furnishing materials to be used in the construction, alteration or repair of any mining claim ..., [or] who performs labor in any mining claim ... has a lien upon the same for the work or labor done, [and] for the ... agreed...

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