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BANK OF NEW MEXICO v. ROMERO

No. 15975.

918 P.2d 1337 (1996)

121 N.M. 837

BANK OF NEW MEXICO, Plaintiff, v. Joe N. ROMERO, Defendant/Third Party Plaintiff-Appellee, J.W. Jones Construction Company and Safeco Insurance Company, Third Party Defendants/Counterclaimants/Appellants/Cross-Appellees, International Fidelity Insurance Company, Counterclaim Defendant/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 20, 1996.

Attorney(s) appearing for the Case

David L. Plotsky, Albuquerque, for Joe N. Romero.

Norman S. Thayer, Juliana M. Fong, Sutin, Thayer & Browne, Albuquerque, for J.W. Jones Construction Company and Safeco Insurance Company.

Eric R. Burris, Keleher & McLeod, P.A., Albuquerque, James Ferrucci, Wolff & Samson, Roseland, NJ, for International Fidelity Insurance Company.

OPINION

APODACA, Chief Judge.

1. This appeal arises from a dispute between the prime contractor, J.W. Jones Construction Company (Jones), and a subcontractor, Joe N. Romero (Romero), on a highway construction project. Jones' surety, Safeco Insurance Company, and Romero's surety, International Fidelity Insurance Company (International), were also parties in the suit. The jury returned a verdict in favor of Romero on his third-party complaint against...

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