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AIR ENGINEERING v. CORPORACION DE LA FONDA

No. 11372.

571 P.2d 402 (1977)

91 N.M. 135

AIR ENGINEERING COMPANY, INC., Plaintiff-Appellee, v. CORPORACION de la FONDA, INC., Defendant-Third Party Plaintiff-Appellant, v. COHN-DANIEL CORPORATION, Third-Party Defendant.

Supreme Court of New Mexico.

Rehearing Denied November 23, 1977.

Attorney(s) appearing for the Case

Keleher & McLeod, Russell Moore, Arthur O. Beach, Robert H. Clark, Albuquerque, for appellant.

Modrall, Sperling, Roehl, Harris & Sisk, Peter J. Adang, Judy A. Fry, Toulouse, Krehbiel & DeLayo, James R. Toulouse, Albuquerque, for appellee.

Russell W. Ruud, Albuquerque, for third-party defendant.

OPINION

SOSA, Justice.

This cause was commenced by Air Engineering against Corporacion de la Fonda in the District Court of Bernalillo County as an action to recover on a contract and for a declaratory judgment. La Fonda counterclaimed against Air Engineering for damages due to an alleged breach of the contract and also filed a third-party complaint against Cohn-Daniel to recover contract damages. Cohn-Daniel was later dismissed from the action since they...

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