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STATE, ETC. v. K.L. HOUSE CONST. CO.

No. 14,258.

656 P.2d 236 (1982)

99 N.M. 186

STATE of New Mexico, ex rel. W.M. Carroll & Co., a New Mexico corporation, Plaintiff-Appellee, v. K.L. HOUSE CONSTRUCTION CO., INC., and Western Casualty & Surety Company, Defendants-Appellants.

Supreme Court of New Mexico.

December 20, 1982.

Attorney(s) appearing for the Case

Barnhart & Associates, Charles Barnhart, Stephen D. Bass, Albuquerque, for defendants-appellants.

Spann, Latimer & Hollowwa, E. Douglas Latimer, J. Kerwin Hollowwa, Albuquerque, for plaintiff-appellee.

OPINION

PAYNE, Chief Justice.

This case requires us to decide whether a third tier supplier is entitled to protection under the New Mexico "Little Miller Act," Sections 13-4-18 to 13-4-20, N.M.S.A. 1978. The trial court held that such a supplier is covered. We affirm.

K.L. House Construction Co., Inc., (House) was awarded the general contract on a state construction project. Heights Plumbing Co. (Heights) entered into a subcontract with House. Heights...

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