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BALLARD v. CHAVEZ

No. 20683.

868 P.2d 646 (1994)

117 N.M. 1

James R. BALLARD, Wayne Ballard, and Glenn Ballard d/b/a Ballard and Sons, Contractors, Plaintiffs-Appellants, v. Ben CHAVEZ, Ernest Grando, Lavaughn Boroughs, Pablo Madrid, and Bernie Pleau for the Board of Trustees of the Loving Municipal School District, Defendants-Third-Party Plaintiffs-Appellees, v. BERYL DURHAM & ASSOCIATES, Third-party Defendant.

Supreme Court of New Mexico.

January 12, 1994.

Attorney(s) appearing for the Case

Blenden Law Firm, Phil Blenden, Carlsbad, for plaintiffs-appellants.

Kevin M. Brown, Elizabeth L. German, Albuquerque, for defendants-third-party plaintiffs-appellees.

OPINION

FROST, Justice.

Plaintiffs-Appellants, James, Wayne, and Glenn Ballard doing business as Ballard and Sons (Ballard), appeal from the district court's order dismissing their contract suit against Defendants-Appellees, members of the Board of Trustees of the Loving Municipal School District (Loving School District), for failure to state a claim upon which relief can be granted. Ballard, who had entered a contract with Loving School District to build...

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