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DAVIS & ASSOCIATES, INC. v. MIDCON, INC.

No. 19,437.

978 P.2d 341 (1999)

127 N.M. 134

1999-NMCA-047

DAVIS & ASSOCIATES, INC., Petitioner-Plaintiff-Crossclaimant-Appellant, v. MIDCON, INC., Intervenor-Cross-Defendant-Appellee.

Court of Appeals of New Mexico.

March 4, 1999.

Attorney(s) appearing for the Case

F. Joel Roth, Ronald J. VanAmberg, Roth, VanAmberg, Rogers, Ortiz & Fairbanks, LLP, Santa Fe, for Appellant.

Kim A. Griffith, Timothy M. Sheehan, Sheehan, Sheehan & Stelzner, P.A., Albuquerque, for Appellee.

OPINION

DONNELLY, J.

Davis and Associates, Inc. (Davis), appeals from an order of the district court dismissing its cross-claim for unjust enrichment and constructive trust against Midcon, Inc. (Midcon), the successful bidder in a public works project. The principal issue presented on appeal is whether NMSA 1978, § 13-1-183 (1984), of the Procurement Code, NMSA 1978, §§ 13-1-28 to -199 (1984, as amended through 1998), provides the exclusive...

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