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C & D PLUMBING, INC. v. ARMSTRONG

No. 16822.

740 P.2d 705 (1987)

106 N.M. 155

C & D PLUMBING, INC., a New Mexico corporation, and Texas Street Lumber Company, a New Mexico corporation, Plaintiffs-Appellants, v. R.G. ARMSTRONG, Leona C. Armstrong, his wife, et al., Defendants. Robert G. ARMSTRONG and Leona C. Armstrong, his wife, Third party Plaintiffs-Appellees, v. C & D PLUMBING, INC., et al., Third Party Defendants.

Supreme Court of New Mexico.

August 7, 1987.

Attorney(s) appearing for the Case

W.T. Martin, Jr., Carlsbad, for appellants C & D Plumbing.

Rosenberg, Murphy & Meyer, Robert N. Meyer, Carlsbad, for appellant Texas Street Lumber.

Dow & Williams, Lesley Williams, Carlsbad, for appellees.

OPINION

SOSA, Senior Justice.

Third-party plaintiffs-appellees Robert G. Armstrong and Leona C. Armstrong (Owners) were granted summary judgment by the trial court in their defense of an action brought by third-party defendants-appellants C & D Plumbing, Inc., and Texas Street Lumber Company (Lien Claimants) to foreclose materialmen's liens against the Owners' property. The Lien Claimants appeal, and we reverse the trial court's judgment.

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