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BOARD OF EDUC. TAOS MUN. v. THE ARCHITECTS

No. 15648.

709 P.2d 184 (1985)

103 N.M. 462

BOARD OF EDUCATION TAOS MUNICIPAL SCHOOLS, Plaintiff-Appellant, v. THE ARCHITECTS, TAOS, A. Eugene Sanchez, William A. Mingenbach, Harold R. Benson, Wolcott Ely, Defendants-appellees.

Supreme Court of New Mexico.

November 12, 1985.

Attorney(s) appearing for the Case

Charles S. Solomon, Santa Fe, Tapia & Campos, Miguel P. Campos, Albuquerque, for plaintiff-appellant.

Montgomery & Andrews, Robert J. Mroz, Santa Fe, for defendants-appellees.

OPINION

SOSA, Senior Justice.

The issue presented in this case requires us to develop guidelines to establish at what point a party, by participating in litigation, has waived a contractual right to arbitration.

Plaintiff, Taos Municipal School District (Taos) originally filed suit on May 1, 1978 against Pendleton Construction Company (Pendleton) and its bonding company, the American Fidelity Fire Insurance Company (Fidelity) seeking damages for...

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