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SPROUL CONST. CO. v. ST. PAUL FIRE & MARINE INS. CO.

No. 7323.

392 P.2d 339 (1964)

74 N.M. 189

SPROUL CONSTRUCTION COMPANY, Sproul Brothers, Inc., Sproul-Brozo Construction Corp., Plaintiffs-Appellees, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied May 18, 1964.

Attorney(s) appearing for the Case

Keleher & McLeod, Russell Moore, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, Robert D. Taichert, John P. Eastham, Albuquerque, for appellees.

ON SECOND MOTION FOR REHEARING

PER CURIAM:

Leave of the court has been granted for the filing of a second motion for rehearing by defendant-appellant. § 21-2-1(18) (7), N.M.S.A. 1953. Upon consideration of the same, the former opinion, reported at 73 N.M. 421, 389 P.2d 194, is withdrawn and the following substituted therefor:

OPINION

MOISE, Justice.

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