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CONST. ENG. & MFG. CO. v. DON ADAMS MINING

No. 11376.

572 P.2d 1246 (1977)

91 N.M. 238

CONSTRUCTION ENGINEERING AND MANUFACTURING CO., a New Mexico Corporation, Plaintiff-Appellant, v. DON ADAMS MINING CO., INC., a New Mexico Corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied January 12, 1978.

Attorney(s) appearing for the Case

Matthews, Shannon & Hooker, Thomas F. Hooker, Jr., Albuquerque, for plaintiff-appellant.

Terrance L. Dolan, Albuquerque, for defendant-appellee.

OPINION

PAYNE, Justice.

This suit was brought by the plaintiff, Construction Engineering and Manufacturing Company (CEMCO), to recover judgment on a promissory note and foreclose a mortgage on real property securing the promissory note. Plaintiff's motion for summary judgment was granted by the district court. Subsequently the defendant, Don Adams Mining Company, Inc. (Adams), made a motion to redeem the property which was resisted by CEMCO. The court ordered...

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