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DANLEY v. CITY OF ALAMOGORDO

No. 11665.

577 P.2d 418 (1978)

91 N.M. 520

Jim DANLEY, Petitioner-Appellant, v. CITY OF ALAMOGORDO, a Municipal Corporation of the State of New Mexico, Respondent-Appellee.

Supreme Court of New Mexico.

April 12, 1978.

Attorney(s) appearing for the Case

S. Thomas Overstreet, Alamogordo, for petitioner-appellant.

Steven K. Sanders, Alamogordo, for respondent-appellee.

Toney Anaya, Atty. Gen., John J. Duran, Asst. Atty. Gen., Santa Fe, for amicus curiae.

OPINION

SOSA, Justice.

Suit was brought in the District Court of Otero County for declaratory judgment on a contract between Danley (Contractor) and the City of Alamogordo (City). Stipulation of facts were filed and both parties moved for summary judgment. The court granted the City's motion and the Contractor appealed. We reverse.

The Contractor was developing a subdivision and in doing so he was going to lay a 6" water line which was adequate for...

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