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GALLEGOS v. ESPINOZA

No. 21,298.

39 P.3d 704 (2001)

131 N.M. 487

2002-NMCA-011

Michael GALLEGOS, Plaintiff-Garnishor-Appellee, v. Robert ESPINOZA, Sr., Eagle Eye Construction, Inc., a New Mexico Corporation, Robert Espinoza, Jr., and Benito Espinoza, Defendants, Armstrong Construction Co., Garnishee-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied January 29, 2002.

Attorney(s) appearing for the Case

Peter V. Culbert, Santa Fe, NM, for Appellee.

David C. Henderson, Santa Fe, NM, for Appellant.

Sean Calvert, Calvert & Menicucci, Albuquerque, NM, Amicus Curiae American Subcontractor Association.

Linda Zemke, Gardner & Zemke Co., Albuquerque, NM, Amicus Curiae Associated Builders and Contractors, Rio Grande Chapter.

David Gorman, Sheehan, Sheehan & Stelzner, Albuquerque, NM, Amicus Curiae Association of General Contractors of New Mexico.

Certiorari Denied, No. 27,296, January 29, 2002.

OPINION

BOSSON, Chief Judge.

{1} A general contractor on a public works project owes payments to its subcontractor who, in turn, owes money to various suppliers. The subcontractor also owes an unrelated debt on a judgment. The judgment creditor obtains a writ of garnishment against the general contractor demanding that, instead of paying the subcontractor, it pay the judgment creditor. We discuss...

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