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GATHMAN-MATOTAN v. DEPT. OF FINANCE

No. 18361.

787 P.2d 411 (1990)

109 N.M. 492

GATHMAN-MATOTAN ARCHITECTS AND PLANNERS, INC., a New Mexico corporation, Plaintiff-Appellant, v. STATE of New Mexico, DEPARTMENT OF FINANCE AND ADMINISTRATION, PROPERTY CONTROL DIVISION, Defendant-Appellee.

Supreme Court of New Mexico.

As Amended on Denial of Rehearing March 7, 1990.

Attorney(s) appearing for the Case

Paul A. Phillips, Albuquerque, for plaintiff-appellant.

Hal Stratton, Atty. Gen., Bruce Charles, G.T.S. Khalsa, Asst. Attys. Gen., Santa Fe, for defendant-appellee.

OPINION

MONTGOMERY, Justice.

New Mexico law permits suits against the state for breach of contract, but provides a fairly short statute of limitations (two years) on such claims. NMSA 1978, § 37-1-23(B). In 1984, plaintiff brought such an action against the Department of Finance and Administration (DFA) a few days before the statute ran, and then took no sufficient action to prosecute its claim until the district court dismissed it without prejudice...

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