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STATE v. HASTINGS

No. 157.

443 P.2d 508 (1968)

79 N.M. 338

STATE of New Mexico for the Use of Berta Lee Walker and berta Lee Walker, Plaintiffs-Appellants, v. Joseph C. HASTINGS, d/b/a Joseph C. Hastings, Contractor, and United States Fidelity & Guaranty Company, a Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

June 28, 1968.

Attorney(s) appearing for the Case

James L. Brown, John R. Phillips, Jr., Farmington, for plaintiffs-appellants.

Maurice Sanchez, Grantham, Spann, Sanchez & Rager, Albuquerque, for defendants-appellees.

OPINION

OMAN, Judge.

In this cause the plaintiffs brought suit against defendants to recover the sum of $18,200.00 for the claimed reasonable value of crushed road materials, which they claim was removed from a materials pit by defendant Hastings and placed on a public highway pursuant to a contract between Hastings and the New Mexico State Highway Commission, hereinafter called Commission. The sole question in the case is whether or not the trial judge...

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