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METROPOLITAN PAV. CO. v. GORDON HERKENHOFF & ASSOC.

No. 6494.

341 P.2d 460 (1959)

66 N.M. 41

METROPOLITAN PAVING COMPANY, Inc., a Corporation, Defendant-Appellant, v. GORDON HERKENHOFF & ASSOCIATES, INC., Third-Party Defendants-Appellees.

Supreme Court of New Mexico.

July 8, 1959.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Keleher & McLeod, Russell Moore, Albuquerque, for appellant.

Howard F. Houk, Santa Fe, for appellee.

LUJAN, Chief Justice.

This is an appeal from an order of the district court granting summary judgment for third-party defendant, Gordon Herkenhoff and Associates, Inc., hereafter referred to as Herkenhoff.

On October 3, 1957, plaintiffs (who are not parties to this appeal) filed a complaint against the City of Santa Fe, hereinafter referred to as City and the Metropolitan Paving Company, Inc., hereinafter referred to as Metropolitan.

The complaint...

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