[Download] "Schwartzman V. Schwartzman Packing Co." by New Mexico Supreme Court ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Schwartzman V. Schwartzman Packing Co.
• Author : New Mexico Supreme Court
• Release Date : January 31, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Appellants (plaintiffs) brought this action against appellees (defendants) in the District Court of Bernalillo County. Plaintiffs are minority shareholders in Schwartzman Packing Company (Company), a New Mexico closely held family corporation. They alleged that the defendants, the majority shareholders of the Company, and the Company itself, engaged in various wilful acts of oppressive conduct toward the plaintiffs, resulting in damages to the corporate entity and to themselves. The plaintiffs sought relief by way of appointment of a master and receiver, money damages, repayment to the corporation of misappropriated assets and either dissolution of the corporate entity or other such equitable relief as would be appropriate. The district court dismissed the claims for appointment of a master and receiver and for repayment of assets, for failure to state a claim upon which relief could be granted, pursuant to N.M.R. Civ.P. 12(b)(6), N.M.S.A. 1978 (Repl. Pamp. 1980), and granted the Company's motion for partial summary judgment regarding sale of certain company real property. The remainder of the plaintiffs' claims were subsequently dismissed when the district court granted defendants' motion to dismiss for failure to prosecute pursuant to N.M.R. Civ.P. 41(b), N.M.S.A. 1978 (Repl. Pamp. 1980). Plaintiffs appeal. We affirm as to all issues, except Issue VI.

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