McCasland v. Prather
New Mexico Court of Appeals
1Opinion of the Court
OPINION
LOPEZ, Judge.
The plaintiffs sued the defendant for breach of contract to purchase acid, brine and fresh water and to enjoin future breaches of contract. The defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. The trial court dismissed the suit with prejudice. The plaintiffs appeal and we reverse.
The sole issue presented on appeal is whether the dismissal of plaintiffs’ complaint pursuant to Rule 12(b)(6) of the New Mexico Rules of Civil Procedure, § 21-1-1(12)(b)(6), N.M.S.A. 1953 (Repl. Vol. 4, 1970) was appropriate.
The defendant…
Also in this document: Concurrence.
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- International Erectors, Inc. v. Wilhoit Steel Erectors & Rental ServiceCourt of Appeals for the Fifth Circuit · 1968
- Schultz & Lindsay Construction Co. v. StateNew Mexico Supreme Court · 1972
- Jones v. International Union of Operating EngineersNew Mexico Supreme Court · 1963
- Niece v. Sears, Roebuck & Co.District Court, N.D. Oklahoma · 1968
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3Cited by55 opinions
- Lopez Ex Rel. Lopez v. MaezNew Mexico Supreme Court · 1982
- Vigil v. ArzolaNew Mexico Supreme Court · 1984
- Coker v. Bank of AmericaDistrict Court, S.D. New York · 1997
- Ratzlaff v. Seven Bar Flying Service, Inc.New Mexico Court of Appeals · 1982
- Trujillo Ex Rel. Estate of Trujillo v. TrujilloNew Mexico Court of Appeals · 1986
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