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SPROUL CONST. CO. v. ST. PAUL FIRE & MARINE INS. CO.

No. 7323.

389 P.2d 194 (1964)

73 N.M. 421

SPROUL CONSTRUCTION COMPANY, Sproul Brothers, Inc., Sproul-Brozo Construction Corp., Plaintiffs-Appellees, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied February 24, 1964.

Attorney(s) appearing for the Case

Keleher & McLeod, Russell Moore, Albuquerque, for appellant

Rodey, Dickason, Sloan, Akin & Robb, Robert D. Taichert, John P. Eastham, Albuquerque, for appellees.

MOISE, Justice.

This action was commenced as a suit to foreclose materialmen's liens. The plaintiffs, Air Service, Inc., and Air Conditioning Equipment Company, furnished labor and materials to the defendant, Associated Roofing and Supply Company, Inc., hereinafter referred to as "Associated," in connection with the performance by Associated of a sub-contract between it and defendants, Sproul Construction Company, Sproul Brothers, Inc., and Sproul-Brozo Construction...

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