Legal Opinion
Smith v. First Alamogordo Bancorp, Inc.
New Mexico Court of Appeals
Decided August 24, 1992No. 13303PublishedCited by 8 opinions
1Opinion of the Court
OPINION
DONNELLY, Judge.
In this interlocutory appeal we address the issue of whether Plaintiffs (Shareholders), who oppose a corporate merger and file a statutory proceeding pursuant to NMSA^ 1978, Section 53-15-4 (Repl.Pamp.1983) of the New Mexico Business Corporation'Act to obtain a judicial determination of the fair value of their corporate shares, are entitled to a jury trial in such action. We hold that there is no right to a jury trial in such proceeding and reverse.
Shareholders are owners of stock in First Alamogordo Bancorp, Inc. (Bancorp). Ban-corp sought to merge with another bank.…
2Cases cited21 opinions
- Ross v. BernhardSupreme Court of the United States · 1969
- Kohl v. United StatesSupreme Court of the United States · 1876
- Kneisley v. Lattimer-Stevens Co.Ohio Supreme Court · 1988
- Armstrong v. Marathon Oil Co.Ohio Supreme Court · 1987
- Tome Land & Improvement Co. v. SilvaNew Mexico Supreme Court · 1972
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3Cited by8 opinions
- Santa Fe Southern Railway, Inc. v. Baucis Limited Liability Co.New Mexico Court of Appeals · 1997
- McMinn v. MBF Operating Acquisition Corp.New Mexico Supreme Court · 2007
- Salopek v. FriedmanNew Mexico Court of Appeals · 2013
- McMinn v. MBF Operating, Inc.New Mexico Court of Appeals · 2006
- New Mexico Banquest Investors Corp. v. Peters Corp.New Mexico Court of Appeals · 2007
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