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CITIZENS BANK v. C & H CONST. & PAVING CO.

No. 2161.

552 P.2d 796 (1976)

89 N.M. 360

CITIZENS BANK, a state banking corporation, Plaintiff-Appellant and Cross-Appellee, v. C & H CONSTRUCTION & PAVING CO., INC., a New Mexico Corporation, C. R. Davis and Alice J. Davis, his wife, Paul D. Wood and wanda Wood, his Wife, Defendants-Appellees, v. FIDELITY NATIONAL BANK, a national banking corporation, Intervenor-Appellee and Cross-Appellant, v. James C. DAVIS, Third Party Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied July 20, 1976.

Certiorari Denied August 4, 1976.

Attorney(s) appearing for the Case

Jay R. Gentry Ortiz, Knight, Sullivan, Villella & Skarsgard, P.A., Albuquerque, Montgomery, Federici, Andrews, Hannahs & Buell, Santa Fe, for appellant Citizens Bank.

Thomas H. Horn, Horn & Schowers, Albuquerque, for appellee C & H Constr., C.R. Davis, Alice J. Davis and for third party defendant-appellee James C. Davis.

Charles N. Glass, Threet, Threet, Glass, King & Maxwell, Albuquerque, for intervenor-appellee and cross-appellant Fidelity National Bank.

OPINION

SUTIN, Judge.

Judgments were entered in the trial court, from which appeals were taken, as follows:

(1) On a counterclaim against the Citizens Bank, C.R. Davis and Alice Davis were awarded $79,998.04 compensatory damages and $20,000.00 punitive damages, and on the cross claim of James C. Davis, he was awarded $200,000.00 compensatory damages and $50,000.00 punitive damages. These judgments are based...

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