FIRST INTERSTATE BANK v. HUTCHENS

No. 19444.

816 P.2d 1119 (1991)

FIRST INTERSTATE BANK OF TEXAS, a national banking association, successor-in-interest to Allied Bank of Irving, Plaintiff-Appellant, v. Merle HUTCHENS, d/b/a Hutchens Mining Company, Donner Plumbing & Heating and D & R Tank Company, Defendants-Appellees.

Supreme Court of New Mexico.

September 5, 1991.


Attorney(s) appearing for the Case

Kemp, Smith, Duncan & Hammond, Robert A. Johnson, Celia F. Rankin, Albuquerque, for plaintiff-appellant.

Sager, Curran, Sturges & Tepper, Christopher P. Bauman, Albuquerque, for defendant-appellee Donner Plumbing.

Crider, Calvert & Bingham, Carl A. Calvert, Albuquerque, for defendant-appellee Hutchens Mining.

Villella, Skarsgard & Noya, Charles J. Noya, Albuquerque, for defendant-appellee D & R Tank Co.


OPINION

SOSA, Chief Justice.

First Interstate Bank of Texas (the bank) appeals a judgment denying its motion for summary judgment. The bank had sought a judgment declaring that a mechanic's lien filed by appellee Merle Hutchens, d/b/a Hutchens Mining Co. (Hutchens), was invalid because Hutchens possessed no contractor's license to perform work for Western Gypsum Co., against which he filed a lien when it did not pay Hutchens for his services. On April 12...

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