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RIO RANCHO ESTATES, INC. v. BEYERLEIN

No. 80-1357.

662 F.2d 700 (1981)

RIO RANCHO ESTATES, INC. and Amrep Construction Corporation at Rio Rancho, Plaintiffs-Appellees, v. Gary T. BEYERLEIN and Robert Holmes, d/b/a Superior Builders, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided November 3, 1981.

Attorney(s) appearing for the Case

Jerrald J. Roehl and Ronald W. Henkel, of Jerrald J. Roehl & Associates, Albuquerque, N. M., for plaintiffs-appellees.

Herbert A. Delap, of Shafroth & Toll, Denver, Colo., for defendants-appellants.

Before BARRETT and LOGAN, Circuit Judges, and CHILSON, District Judge.

CHILSON, District Judge.

This action was commenced in the District Court for the County of Sandoval, New Mexico, on July 12, 1978, and was thereafter removed to this court on the ground of diversity of citizenship.

Plaintiff, Rio Rancho Estates, Inc., (Rio Rancho) was the owner and developer of a large tract of land located in Sandoval County, New Mexico. Plaintiff, Amrep Construction Corporation, (Amrep) was the general contractor for the construction of...

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