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PUBLIC SERVICE CO. v. DIAMOND D. CONST. CO.

No. 21,590.

33 P.3d 651 (2001)

131 N.M. 100

2001-NMCA-082

PUBLIC SERVICE COMPANY OF NEW MEXICO, Defendant-Appellant/Cross-Appellee, v. DIAMOND D CONSTRUCTION COMPANY, INC., Plaintiff-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted October 9, 2001.

Certiorari Quashed October 16, 2001.

Attorney(s) appearing for the Case

Thomas C. Bird, Eric R. Burris, Kathleen M. Regan, Keleher & McLeod, P.A., Albuquerque, NM, for Appellant/Cross-Appellee.

Jane Bloom Yohalem, Santa Fe, NM, Thomas J. Hynes, Farmington, NM, for Appellee/Cross-Appellant.

Certiorari Quashed, No. 27,132, October 16, 2001.

OPINION

PICKARD, Judge.

{1} In this appeal we must decide whether the inclusion of an at-will termination clause in a contract relieves the parties of their duty, under the same contract, to use their best efforts to resolve disputes quickly and amicably. In addition, we must review the sufficiency of the evidence underlying the jury's award of punitive damages. Finally, we must determine whether...

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