Legal Opinion

DiIaconi v. New Cal Corp.

New Mexico Court of Appeals

Decided April 1, 1982No. 5319PublishedCited by 8 opinions

1Opinion of the Court

OPINION

WALTERS, Chief Judge.

The trial court dismissed the plaintiffs-minority shareholders’ derivative action and request for liquidation, brought pursuant to § 53-16-16, N.M.S.A.1978. They appeal; we affirm.

Plaintiffs Dilaconi and Wright are minority shareholders (11% each) in defendant New Cal Corporation (New Cal), a New Mexico corporation formed in the late 1960’s for the purpose of developing a 340-acre tract of land located west of Carlsbad, New Mexico. The individual defendants, Don, Christel and Dennis Miehls, are and were during the material transactions complained of, officers and…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Toltec International, Inc. v. Village of RuidosoNew Mexico Supreme Court · 1980
  3. Commissioner of Corporations & Taxation v. FiloonMassachusetts Supreme Judicial Court · 1941
  4. Lucas v. LucasNew Mexico Supreme Court · 1980
  5. Fierro v. MurphyNew Mexico Court of Appeals · 1973

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re ChavezUnited States Bankruptcy Court, W.D. Texas · 1992
  2. McCauley v. Tom McCauley & Son, Inc.New Mexico Court of Appeals · 1986
  3. Walta v. Gallegos Law Firm, P.C.New Mexico Court of Appeals · 2001
  4. Federal Deposit Insurance Corporation v. Bernard SchuchmannCourt of Appeals for the First Circuit · 2000
  5. White Ex Rel. Banes Co. Derivative Action v. Banes Co. Ex Rel. Estate of JollyNew Mexico Supreme Court · 1993

3 more not listed; retrieve them via the Exa API.

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