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HOWELL v. BURK

No. 2801.

568 P.2d 214 (1977)

90 N.M. 688

Calvin HOWELL, as Next Friend of Patrick Howell, a minor, Plaintiff-Appellant, and City of Albuquerque, Cross-Claimant Defendant-Appellant, v. W.E. BURK, Jr., PPG Industries, Inc., and Universal Constructors, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

Writ of Certiorari Denied August 23, 1977.

Attorney(s) appearing for the Case

Stephen F. Lawless, McCulloch, Grisham & Lawless, P.A., Albuquerque, for plaintiff-appellant Howell.

D. James Sorenson, Johnson, Paulantis & Lanphere, Albuquerque, for cross-claimant defendant-appellant City of Albuquerque.

Stephen Durkovich, Peter C. Mallory, Jasper & Durkovich, Albuquerque, for appellee W.E. Burk, Jr.

Lawrence H. Hill, Civerolo, Hansen & Wolf, P.A., Albuquerque, for appellee PPG Industries.

Thomas L. Johnson, Kenneth L. Harrigan, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for appellee Universal Constructors, Inc.

OPINION

WOOD, Chief Judge.

These appeals involve the constitutionality of § 23-1-26, N.M.S.A. 1953 (Supp. 1975) and the applicability of that statute to the contentions in this case. We discuss: (1) title of the act; (2) special legislation and equal protection; (3) due process; and (4) application of the statute to the contentions of the parties.

The terminal building of the Albuquerque Airport was substantially completed on November 12, 1965...

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