Peters Corp. v. New Mexico Banquest Investors Corp.

OPINION

BOSSON, Justice.

{1} In McMinn v. MBF Operating Acquisition Corp. (McMinn II), 2007-NMSC-040, 142 N.M. 160, 164 P.3d 41, we recently interpreted New Mexico’s dissent and appraisal statute, which gives shareholders who dissent from certain corporate transactions the right to receive fair value for their shares from the corporation. See NMSA 1978, § 53-15-3 (1983); McMinn II, 2007-NMSC-040, ¶ 2. We held that Section 53-15-3(D), which purports to make appraisal the exclusive remedy for shareholders who possess such statutory rights, does not apply to conflict-of-interest merger…