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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO VEGUITA SAND AND GRAVEL, 3 Plaintiff-Appellee, v. NO. 35,230 AJT CONSTRUCTION, INC., 6 Defendant, and ANDREW TORRES, 9 Defendant-Appellant.

10 APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY James Lawrence Sanchez, District Judge Norman McDonald Belen, NM for Appellee Amavalise F. Jaramillo Tome, NM for Appellant 1 MEMORANDUM OPINION VANZI, Judge.

3 {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.

6 {2} AFFIRMED.

7 {3} IT IS SO ORDERED.

8 __________________________________ 9 LINDA M. VANZI, Judge WE CONCUR:

11 _________________________________ JONATHAN B. SUTIN, Judge

13 _________________________________ M. MONICA ZAMORA, Judge