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TABET LUMBER CO., INC. v. ROMERO

No. 21246.

872 P.2d 847 (1994)

117 N.M. 429

TABET LUMBER COMPANY, INC., a New Mexico corporation, Plaintiff-Appellant, v. Gary R. ROMERO, JoAnn Romero, and BancPlus Mortgage Corporation, Defendants-Appellees.

Supreme Court of New Mexico.

March 21, 1994.

Attorney(s) appearing for the Case

Thomas A. Tabet, for appellant.

Sheehan, Sheehan & Stelzner, P.A., Susan C. Little and Kim A. Griffith, Albuquerque, for appellees Gary & JoAnn Romero.

Robert E. Melton, P.A., Robert E. Melton, Albuquerque, for appellee BancPlus Mortg. Corp.

OPINION

BACA, Justice.

Plaintiff-Appellant, Tabet Lumber Company, Inc. ("Tabet"), appealed when the district court granted a motion for summary judgment and awarded attorney's fees in favor of Defendant-Appellees, Gary and JoAnn Romero ("the Romeros"). This case arose out of a general contractor's failure to pay for materials provided by Tabet for the construction of the Romeros' home.1 As a result of the general contractor...

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