Legal Opinion

Central-Southwest Dairy Cooperative v. American Bank of Commerce

New Mexico Supreme Court

Decided October 16, 1967No. 8342PublishedCited by 15 opinions

1Opinion of the Court

OPINION

MOISE, Justice.

We are here called upon to consider if the judgment appealed from was a decision final and appealable under Rule 54(b) (§ 21-1-1(54) (b), N.M.S.A.1953). If it is determined that it was not appealable, that will dispose of the case.

The record discloses that appellee Central-Southwest Dairy Cooperative commenced this action against appellant American Bank of Commerce to recover certain amounts allegedly paid improperly to the bank by an employee of appellee. A third-party complaint was filed by the bank against the employee, the Bank of New Mexico, and against United…

2Cases cited7 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  3. General Time Corp. v. Padua Alarm Systems, Inc.Court of Appeals for the Second Circuit · 1952
  4. Joseph E. Bennett Co., Inc. v. Trio Industries, Inc.Court of Appeals for the First Circuit · 1962
  5. Casper A. Marotta v. Philip MilestoneCourt of Appeals for the D.C. Circuit · 1963

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3Cited by15 opinions

  1. Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
  2. Carrillo v. RostroNew Mexico Supreme Court · 1992
  3. Thornton v. GambleNew Mexico Court of Appeals · 1984
  4. Montoya v. Anaconda Mining Co.New Mexico Court of Appeals · 1981
  5. B. L. Goldberg & Associates, Inc. v. Uptown, Inc.New Mexico Supreme Court · 1985

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