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HASSE CONTRACTING CO. v. KBK FINANCIAL

No. 24,790.

980 P.2d 641 (1999)

127 N.M. 316

1999-NMSC-023

HASSE CONTRACTING COMPANY, INC., Plaintiff-Counterdefendant-Respondent, v. KBK FINANCIAL, INC., Defendant-Counterclaimant-Petitioner, and Gosney & Sons, Inc., Defendant-Counterclaimant-Respondent.

Supreme Court of New Mexico.

April 26, 1999.

Attorney(s) appearing for the Case

Gordon S. Little, P.A., Gordon S. Little, Albuquerque, for Petitioner.

Guebert & Yeomans, P.C., Richard D. Yeomans, Albuquerque, Miller, Stratvert & Torgerson, P.A., Lyman G. Sandy, Alice Tomlinson Lorenz, Albuquerque, for Respondents.

OPINION

FRANCHINI, Justice.

{1} In this interpleader action, a subcontractor on a state highway construction project deposited with the district court a sum of money that is claimed by both a financing company and a materials supplier on the project. The district court determined that the supplier was entitled to the money. The Court of Appeals affirmed, adopting an apparently unqualified public policy preference for suppliers over other creditors...

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