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HERZOG CONTRACTING v. A & S CONST. CO.

No. 17065.

751 P.2d 690 (1988)

107 N.M. 6

HERZOG CONTRACTING CORPORATION, a Missouri corporation, Plaintiff-Appellant, v. A & S CONSTRUCTION COMPANY, a Colorado corporation, and St. Paul Fire and Marine Insurance Company, a Minnesota corporation, Defendants-Appellees.

Supreme Court of New Mexico.

March 15, 1988.

Attorney(s) appearing for the Case

Erwin & Davidson, David Mathews, Raton, Liles & Davison, Jeffrey B. Davison, St. Joseph, Mo., for plaintiff-appellant.

Robert S. Skinner, Raton, Carl W. Gellenthien, Canon City, Colo., for defendants-appellees.

OPINION

SOSA, Senior Justice.

Plaintiff-appellant, Herzog Contracting Corporation (Herzog), brought suit against defendants-appellees, A & S Construction Company (A & S), and the latter's surety, St. Paul Fire and Marine Insurance Company (St. Paul). The complaint alleged that Herzog was the subcontractor to A & S on two paving construction jobs in Colfax County; that the two companies had entered into a contract whereby A & S promised to...

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