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1 McALPINE V. ZANGARA DODGE, INC., 2008-NMCA-064, 144 N.M. 90, 183 P.3d 975 BURT C. McALPINE, Plaintiff, v. ZANGARA DODGE, INC., Defendant/Third-Party Plaintiff-Appellee, v. MOUNTAIN SHADOW MOTOR COMPANY, INC., Third-Party Defendant, and GREAT AMERICAN INSURANCE COMPANY, Third-Party Defendant-Appellant.
Docket No. 26,766 COURT OF APPEALS OF NEW MEXICO 2008-NMCA-064, 144 N.M. 90, 183 P.3d 975 March 26, 2008, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Richard J. Knowles, District Judge. Released for Publication May 20, 2008. COUNSEL Corbin Hildebrandt, PC, Corbin Hildebrandt, Albuquerque, NM, for Appellee. Miller Stratvert P.A., Deron B. Knoner, Albuquerque, NM, for Appellant. JUDGES CELIA FOY CASTILLO, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, CYNTHIA A. FRY, Judge. AUTHOR: CELIA FOY CASTILLO. OPINION

CASTILLO, Judge. {1} On motion for rehearing, the opinion filed February 20, 2008, is withdrawn, and the following opinion is substituted. The motion for rehearing is otherwise denied. {2} This case requires us to consider three questions related to a bond (bond) that was issued under NMSA 1978,

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