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GARCIA v. UNIVERSAL CONSTRUCTORS, INC.

No. 455.

475 P.2d 464 (1970)

Esther M. GARCIA and Lupe Suarez, Plaintiffs-Appellants, v. UNIVERSAL CONSTRUCTORS, INC., and City of Albuquerque, a Municipal Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

September 25, 1970.

Attorney(s) appearing for the Case

Avelino V. Gutierrez, Albuquerque, for appellants.

Lynn D. Smith, Jr., and Frank M. Mims, Albuquerque, for appellee City of Albuquerque.

Peter J. Adang, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for Universal Constructors, Inc.

OPINION

SPIESS, Chief Judge.

This action was instituted against Universal Constructors, Inc. (contractor) and the City of Albuquerque by plaintiffs, Garcia and Suarez. Plaintiffs sought recovery of property damage resulting from the settlement and cracking of their homes allegedly arising out of the construction of a sewer line for the City by the contractor.

The trial resulted in a verdict in favor of the contractor and a directed verdict on behalf...

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