Legal Opinion
Midgley v. Rayrock Mines, Inc.
District Court, D. New Mexico
Decided June 1, 2005No. CIV. 03-1374 JB/LCSPublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION
BROWNING, District Judge.
THIS MATTER came before the Court on Defendant ING’s Motion to Dismiss, filed March 25, 2004 (Doc. 10). 1 The primary issues were whether Plaintiff Bill L. Midgley had actual knowledge of the alleged breach of fiduciary duty within three years of filing his Complaint and whether he has met the pleading standards for fraud to bring his claim within the six year statute of limitations for “fraud or concealment.” Because the undisputed allegations and documents show that Midgley had actual knowledge almost four years before he filed his Complaint, the…
2Cases cited33 opinions
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Gff Corporation, an Oklahoma Corporation v. Associated Wholesale Grocers, Inc., a Missouri CorporationCourt of Appeals for the Tenth Circuit · 1997
- Gene S. Jacobsen, and Cross-Appellee v. Deseret Book Company, a Utah Corporation Dean Hughes, AndCourt of Appeals for the Tenth Circuit · 2002
- United States Ex Rel. James M. Thompson v. Columbia/hca Healthcare CorporationCourt of Appeals for the Fifth Circuit · 1998
28 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Anderson Living Trust v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014
- Securities & Exchange Commission v. GoldstoneDistrict Court, D. New Mexico · 2013
- Two Old Hippies, LLC v. Catch the Bus, LLCDistrict Court, D. New Mexico · 2011
- Carl Kelley Construction LLC v. Danco TechnologiesDistrict Court, D. New Mexico · 2009
- City of Raton v. Arkansas River Power AuthorityDistrict Court, D. New Mexico · 2008
6 more not listed; retrieve them via the Exa API.