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BARBER'S SUPER MARKETS, INC. v. STRYKER

No. 763.

500 P.2d 1304 (1972)

84 N.M. 181

BARBER'S SUPER MARKETS, INC., a New Mexico Corporation, Plaintiff-Appellant, v. Robert L. STRYKER; Stryker Realty, Inc.; I.E. Shahan; Wendel Owen and Owen & Associates, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied August 4, 1972.

Attorney(s) appearing for the Case

Quincy D. Adams, Adams & Foley, Albuquerque, for appellant.

Russell Moore and Dennis M. McCary, Keleher & McLeod, Albuquerque, for appellees Stryker and Stryker Realty.

T.K. Campbell, Las Cruces, for appellees Shahan, Owen and Owen & Associates, Inc.

OPINION

SUTIN, Judge.

Barber's Super Markets, Inc., in Count I, sought damages arising out of an alleged conspiracy to defraud and breach of fiduciary duties by defendants. In Count II, Barber's sought damages in the alternative against Stryker for violation of fiduciary duties and for negligence, all in connection with the sale to Barber's of an 18 acre tract of land in Las Cruces, New Mexico, hereinafter called...

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