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CATHEY v. CITY OF HOBBS

No. 9498.

508 P.2d 1298 (1973)

85 N.M. 1

Stanley CATHEY et al., Plaintiffs-Appellees, v. The CITY OF HOBBS et al., a Municipal Corporation, Defendants-Appellees, v. D.F. MOLZEN & ASSOCIATES, INC., Defendants-Cross-Claimants-Appellants.

Supreme Court of New Mexico.

April 13, 1973.

Attorney(s) appearing for the Case

Hannett, Hannett, Cornish & Barnhart, Albuquerque, for appellants.

L. George Schubert, Hobbs, for plaintiffs-appellees.

John T. Porter, Gary D. Reagan, Hobbs, for defendants-appellees.

OPINION

McMANUS, Chief Justice.

The City of Hobbs felt it necessary to improve its sanitary sewer system by constructing a new sewage disposal plant and related facilities. In this regard it entered into a contract with D.F. Molzen & Associates, Inc. (Molzen), an engineering firm, to provide plans for the project. Molzen was to receive as his fee 6% of the construction cost and actual costs of up to $2,000 for his efforts on behalf of the City to obtain...

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