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HEWITT-ROBINS, INC. v. LEA COUNTY SAND & GRAVEL, INC.

No. 6869.

371 P.2d 795 (1962)

70 N.M. 144

HEWITT-ROBINS, INC., ROBINS CONVEYORS DIVISION, and Union Industrial Corporation, Inc., a corporation, Plaintiffs-Appellees, v. LEA COUNTY SAND AND GRAVEL, INC., a corporation, Defendant-Appellant.

Supreme Court of New Mexico.

May 21, 1962.

Attorney(s) appearing for the Case

W.D. Girand, Lowell Stout, Hobbs, for appellant.

Stagner, Sage, Walker Estill, Carlsbad, for Union Industrial Corp.

L. George Schubert, Hobbs, for Hewitt-Robins, Inc.

CARMODY, Justice.

Lea County Sand and Gravel, Inc. appeals from the granting of summary judgments in two cases, which were consolidated for trial and for appeal.

The sole question is whether there existed controverted issues of material fact in either or both of the cases. We will attempt to untangle the legal and factual issues which arose because of the somewhat complicated facts and the filing of two independent...

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