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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO RESORT CUSTOM BUILDERS, LLC, 3 Petitioner-Appellant, v. NO. 31,947 DEVELOPER RESOURCES, INC., 6 Respondent-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF QUAY COUNTY Albert J. Mitchell, District Judge Warren F. Frost, P.C.

10 Warren F. Frost Logan, NM for Appellant Moses, Dunn, Farmer & Tuthill, P.C.

14 Katherine A. Lynch Albuquerque, NM for Appellee

17 MEMORANDUM OPINION VIGIL, Judge.

1 Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired.

4 AFFIRMED.

5 IT IS SO ORDERED.

6 _______________________________ 7 MICHAEL E. VIGIL, Judge

8 WE CONCUR:

9 _________________________________ MICHAEL D. BUSTAMANTE, Judge

11 _________________________________ J. MILES HANISEE, Judge