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PIONEER SAV. & TRUST, F.A. v. RUE

No. 17904.

784 P.2d 415 (1989)

109 N.M. 228

PIONEER SAVINGS & TRUST, F.A., Plaintiff-Appellee, v. Barney RUE, Defendant-Appellant, v. STERLING HOMES-CARRIZO LODGE, JOINT VENTURE, et al., Defendants.

Supreme Court of New Mexico.

December 18, 1989.

Attorney(s) appearing for the Case

O'Reilly & Wardlaw, P.C., Mel P. O'Reilly, Ruidoso, for appellant.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Joseph E. Roehl, Albuquerque, Sanders, Bruin, Coll & Worley, P.A., James L. Bruin, Roswell, Ronald G. Harris, Albuquerque, for appellee.

OPINION

RANSOM, Justice.

Barney Rue appeals from the judgment of the district court awarding to Pioneer Savings & Trust, F.A., the proceeds of a mortgage foreclosure sale, and assessing costs against Rue. Rue and other contractors claiming preferential mechanic's liens on a Ruidoso condominium development were defendants in the foreclosure proceedings. Only Rue appeals. We affirm.

Rue is a dirt and paving contractor who obtained a paving contract...

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