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SMITH & LOWE CONSTRUCTION COMPANY v. HERRERA

No. 8531.

442 P.2d 197 (1968)

79 N.M. 239

SMITH & LOWE CONSTRUCTION COMPANY, Inc., Plaintiff-Appellee, v. DAVID F. HERRERA, ADRIAN OGAZ, Earl Stull, Jr., and the Dona Ana Board of County Commissioners, Defendants-Appellants.

Supreme Court of New Mexico.

June 10, 1968.

Attorney(s) appearing for the Case

E. H. Williams, Jr., Dist. Atty. Dona Ana County, Las Cruces, for appellants.

Toulouse, Ruud, Gallagher & Walters, J.E. Casados, Albuquerque, for appellee.

OPINION

COMPTON, Justice.

This action was brought in the District Court of Bernalillo County by Smith & Lowe Construction Company, Inc., against the Board of County Commissioners of Dona Ana County to obtain a declaratory judgment with regard to the rights and liabilities of the parties arising out of a bid on a construction project by Smith & Lowe Construction Company for the County of Dona Ana. The court granted the plaintiff's motion for summary...

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