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VITRO CORP. OF AMERICA v. TEXAS VITRIFIED SUPPLY CO.

No. 7014.

376 P.2d 41 (1962)

71 N.M. 95

VITRO CORPORATION OF AMERICA, Plaintiff-Appellant, v. TEXAS VITRIFIED SUPPLY COMPANY, and Texas Vitrified Pipe Company, Defendants-Appellees.

Supreme Court of New Mexico.

November 8, 1962.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb and William C. Schaab, Albuquerque, for appellant.

H. Elfred Jones, Carrizozo, Turner, Rodgers, Winn, Scurlock & Terry, Lon Sailers, Dallas, Tex., for appellees.

GEORGE L. REESE, Jr., District Judge.

The trial court sustained a motion for summary judgment made by the appellees under Rule 56, Rules of Civil Procedure, after the issues were joined by complaint and answer and on the basis of depositions and answers to interrogatories.

The complaint insofar as material, reads as follows:

"3. On or about September 21, 1958, the Village of Ruidoso, New Mexico, solicited bids from the plaintiff and others for the...

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