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FITZGERALD v. BLUEHER LUMBER COMPANY

No. 9086.

481 P.2d 100 (1971)

82 N.M. 312

Judson H. FITZGERALD and Charlotte M. Fitzgerald, his wife, Defendants-Appellants, Superb Cabinet Shop, Blueher Lumber Co., Inc., Kimbrough-Carpenter, Inc., Carroll & Loy Plumbing & Heating Corp., Defendants-Cross-Claimants and Appellees, Mock Homes, Inc., Defendant-Appellee and Cross-Appellee, v. BLUEHER LUMBER COMPANY, Inc., Defendant-Cross-Claimant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

February 15, 1971.

Attorney(s) appearing for the Case

Hines & Sullivan, Albuquerque, for appellants.

Perry S. Key, Albuquerque, for appellee Kimbrough-Carpenter.

Oliver Burton Cohen, Albuquerque, for appellee Blueher Lumber.

Menig, Sager & Curran, Albuquerque, for appellee Superb Cabinet Shop.

OPINION

COMPTON, Chief Justice.

This case is one of a series which resulted from the bankruptcy of Mock Homes, Inc., a general contractor, after the sale of various residential properties and prior to the time for filing labor and materialmen's liens had expired. See Brito v. Carpenter, 81 N.M. 716, 472 P.2d 979; Carpenter v. Merrett, 82 N.M. 185,

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