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FRANCO v. FEDERAL BLDG. SERVICE, INC.

No. 13748.

648 P.2d 791 (1982)

98 N.M. 333

Lorenzo FRANCO and Maria Franco, husband and wife, Plaintiffs-Appellees, v. FEDERAL BUILDING SERVICE, INC., a New Mexico corporation, Defendant-Appellant.

Supreme Court of New Mexico.

July 13, 1982.

Attorney(s) appearing for the Case

Mercer, Lock & Keating, Duane F. Keating, Albuquerque, for defendant-appellant.

Martin & Meyer, Robert N. Meyer, Carlsbad, for plaintiffs-appellees.

OPINION

PAYNE, Justice.

This case involves a race to the courthouse in a contract dispute between residents of Eddy and Bernalillo Counties. One party reached the courthouse first but the others perfected service of process first. While motions were pending in the first suit filed, a default judgment was entered in the other suit. The defaulted party appeals.

Lorenzo and Maria Franco entered into a home improvement contract with Federal Building...

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