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UNITED NUCLEAR CORP. v. MISSION INS. CO.

No. 5084.

642 P.2d 1106 (1982)

97 N.M. 647

UNITED NUCLEAR CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. MISSION INSURANCE COMPANY, a California corporation, Defendant-Cross-Plaintiff Appellant, and National Tank and Pipe Company, an Oregon corporation; M. M. Sundt Construction Company, an Arizona corporation, Defendant-Cross-Defendants Appellees, and Dorr-Oliver, Incorporated, a Delaware corporation, Defendants.

Court of Appeals of New Mexico.

Rehearing Denied February 16, 1982.

Attorney(s) appearing for the Case

G. Gary Duncan, Charles Olmsted, Santa Fe, for United Nuclear Corp.

Floyd Wilson, Daniel P. Dabney, Johnson & Lanphere, Albuquerque, for Mission Ins.

Henry F. Narvaez and Spence Reid, Keleher & McLeod, P.A., Albuquerque, for National Tank & Pipe Co.

Willard F. Kitts, Kitts & Whitefield, Albuquerque, for M.M. Sundt Const. Co.

John F. Molloy, Molloy, Jones, Donahue, Trachta Childers & Mullamo, Tucson, Ariz., for Dorr-Oliver, Inc.

OPINION

LOPEZ, Judge.

United Nuclear Corporation (UNC) brought suit against National Tank and Pipe Company (National Tank), M.M. Sundt Construction Company (Sundt) and Mission Insurance Company (Mission) for damages resulting from defects in structures built by National Tank and Sundt, hereinafter known as Builders. The claims against Builders are based on negligence and breach of contract. Mission issued a builders' risk insurance policy to UNC. Builders...

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