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BUDAGHER v. AMREP CORP.

No. 13587.

637 P.2d 547 (1981)

97 N.M. 116

John BUDAGHER and Frances D. Budagher, Petitioners, v. AMREP CORPORATION, d/b/a Rio Rancho Estates, Inc., Respondent.

Supreme Court of New Mexico.

Rehearing Denied December 18, 1981.

Attorney(s) appearing for the Case

Rebecca S. Sitterly, Ronald C. Morgan, Albuquerque, for petitioners.

Jerrald J. Roehl, Albuquerque, for respondent.

OPINION

SOSA, Senior Justice.

The issue before this Court on certiorari is whether appellants (the Budaghers) sufficiently alerted the trial court to the error in the court's instructions concerning the nonliability of appellee (Amrep) for the negligence of an independent contractor in designing and constructing a water dam.

The parties own adjoining property in Sandoval County. Amrep's property is located on a mesa above the Budaghers' property...

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