R.A. PECK, INC. v. LIBERTY FED. SAV. BK.

No. 10041.

766 P.2d 928 (1988)

108 N.M. 84

R.A. PECK, INC., Plaintiff-Appellant, v. LIBERTY FEDERAL SAVINGS BANK, Defendant-Appellee, and Federal Savings & Loan Insurance Corp., Successor in Interest to Defendant-Appellee.

Court of Appeals of New Mexico.

December 7, 1988.


Attorney(s) appearing for the Case

F. Joel Roth, Carl Bryant Rogers, Roth, VanAmberg, Gross, Amarant & Rogers, Santa Fe, for plaintiff-appellant.

Robert A. Johnson, Colin L. Adams, Kemp, Smith, Duncan & Hammond, P.C., Albuquerque, for defendant-appellee.

Alicia L. Gutierrez, Moses, Dunn, Beckley, Espinosa & Tuthill, P.C., Albuquerque, Popham, Haik, Schnobrich & Kaufman, Ltd., Denver, Colo., for successor in interest.


OPINION

APODACA, Judge.

Plaintiff R.A. Peck, Inc. (Third Party) appeals the trial court's dismissal of its second amended complaint for fraud, constructive fraud and negligent misrepresentation against defendant Liberty Federal Savings Bank (the Bank).1 The basis for the dismissal was twofold: (1) failure to state a claim upon which relief could be granted under SCRA 1986, 1-012(B)(6); and (2) inclusion of a request for specific...

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