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STATE v. GLENS FALLS INSURANCE COMPANY

No. 8369.

432 P.2d 400 (1967)

78 N.M. 435

STATE of New Mexico for the Use and Benefit of DAR TILE COMPANY and Lath and Plaster Supply Company, Plaintiffs-Appellants, v. GLENS FALLS INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied October 18, 1967.

Attorney(s) appearing for the Case

Oliver B. Cohen, Albuquerque, for appellants.

Rodey, Dickason, Sloan, Akin & Robb, William C. Briggs, Albuquerque, for appellee.

OPINION

CARMODY, Justice.

This action was brought to collect from a surety certain unpaid portions of three judgments previously rendered against a contractor. The trial court refused to enforce the judgments insofar as they provided for attorneys' fees, and the plaintiffs have appealed.

The Dar Tile Company and Lath and Plaster Supply Company had furnished labor and materials to a licensed contractor by

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