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GARCIA v. UNIVERSAL CONSTRUCTORS, INC.

No. 455.

472 P.2d 668 (1970)

81 N.M. 703

Esther M. GARCIA and Lupe Suarez, Plaintiffs-Appellants, v. UNIVERSAL CONSTRUCTORS, INC., and City of Albuquerque, a Municipal corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied July 20, 1970.

Attorney(s) appearing for the Case

Avelino V. Gutierrez, Albuquerque, for appellants.

Peter J. Adang, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for Universal Constructors, Inc.

Frank M. Mims and Lynn D. Smith, Jr., Albuquerque, for City of Albuquerque.

OPINION

SPIESS, Chief Judge.

This action was brought against the City of Albuquerque (City) and Universal Constructors, Inc., (Universal) for the recovery of damages sustained by plaintiffs from the settling and cracking of their homes. The damage was alleged to have been caused by the negligence of the defendants. The trial resulted in the dismissal of the City pursuant to a directed verdict and a verdict in favor of the defendant, Universal. Following...

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