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PYBURN v. KIRKPATRICK

No. 16845.

741 P.2d 1368 (1987)

106 N.M. 247

Pete PYBURN, d/b/a Iron Master, Cross-Claimant-Appellant, v. Michael J. KIRKPATRICK and Gail L. Rein, Cross-Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied September 17, 1987.

Attorney(s) appearing for the Case

Griffith, Boone & Cruse, Stephen Boone, Los Alamos, for cross-claimant-appellant.

Modrall, Sperling, Roehl, Harris & Sisk, Timothy L. Garcia, Santa Fe, for cross-defendants-appellees.

OPINION

SOSA, Senior Justice.

This case originated when a builder's supply company (not a party to this appeal) filed a complaint for money due and foreclosure against Michael J. Kirkpatrick and Gail L. Rein (Owners), who are cross-defendants-appellees in the present appeal. The builder's supply company sought payment for materials it had supplied to the Owners' contractor for use in building the Owners' residence...

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