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FLEMING v. PHELPS-DODGE CORPORATION

No. 797.

496 P.2d 1111 (1972)

83 N.M. 715

James U. FLEMING, Plaintiff-Appellant, v. PHELPS-DODGE CORPORATION, Defendant-Appellee.

Court of Appeals of New Mexico.

April 21, 1972.

Attorney(s) appearing for the Case

Asa Kelly, Jr., Silver City, for plaintiff-appellant.

Ben Shantz, Hilton A. Dickson, Jr., Shantz, Dickson & Young, Silver City, for defendant-appellee.

OPINION

WOOD, Chief Judge.

The dispositive issues involve the Construction Industries Licensing Act. Sections 67-35-1 through 67-35-63, N.M.S.A. 1953 (Repl.Vol. 10, pt. 1, Supp. 1971). They are: (1) whether the plaintiff was a contractor within the meaning of § 67-35-3, supra; (2) whether plaintiff's asserted contract was excluded from § 67-35-3, supra; and (3) whether his damage claim may be maintained...

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