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EMPIRE WEST CO. v. ALBUQUERQUE TESTING

No. 18606.

800 P.2d 725 (1990)

110 N.M. 790

EMPIRE WEST COMPANIES, INC., an Arizona Corporation, and FSC/SUN Village, an Arizona Joint Venture, Plaintiffs-Appellants, v. ALBUQUERQUE TESTING LABORATORIES, INC., a New Mexico Corporation, and Professional Service Industries, Inc., a foreign corporation, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied November 28, 1990.

Attorney(s) appearing for the Case

Sorenson & Schutte, P.C., Donald C. Schutte, Stephen J. Rhoades, Richard D. Barish, Albuquerque, for plaintiffs-appellants.

Sager, Curran, Sturges & Tepper, P.C., H.R. Thomas, Robert J. Perovich, Albuquerque, for defendants-appellees.

OPINION

BACA, Justice.

Empire West Companies, Inc. (Empire), plaintiff below, appeals from a judgment entered in favor of Albuquerque Testing Laboratories, Inc. (ATL) on a complaint alleging breach of contract and warranties, negligent misrepresentation, and professional malpractice in the providing of soil testing services. We affirm.

Empire, a contractor and land developer, contracted with ATL, a geotechnical company, to investigate subsurface...

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