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STATE FOR USE OF ESCO v. KITCHENS CONST.

No. 17011.

750 P.2d 114 (1988)

106 N.M. 753

STATE of New Mexico for the Use of ELECTRIC SUPPLY COMPANY, INC., a New Mexico corporation, Plaintiff-Appellee, v. KITCHENS CONSTRUCTION, INC., a New Mexico corporation, and Industrial Indemnity Company, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied February 26, 1988.

Attorney(s) appearing for the Case

Arthur A. Greenfield, Albuquerque, for defendants-appellants.

Robinson & Wainwright, Paul S. Wainwright, Lisa E. Jones, Albuquerque, for plaintiff-appellee.

OPINION

WALTERS, Justice.

Electric Supply Company (ESCO) sued general contractor Kitchens Construction, Inc. (Kitchens) and its surety, Industrial Indemnity Company, under the Little Miller Act, NMSA 1978, Section 13-4-19 (Repl. Pamp. 1985), to recover $61,124.53 for materials that ESCO supplied to the subcontractor Klein Electric Company for a state construction project. After a bench trial, the district court entered judgment for ESCO, and Kitchens appeals...

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