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BOOTHE FINANCIAL CORP. v. LORETTO BLOCK, INC.

Nos. 5304, 5305.

641 P.2d 527 (1982)

97 N.M. 496

BOOTHE FINANCIAL CORPORATION, Plaintiff-Appellee, v. LORETTO BLOCK, INC., a corporation, Teme, Ltd., (also known as Tema Ltd.), a partnership, James F. Kirkpatrick and Charles H. Kirkpatrick, Defendants-Appellants. LORETTO BLOCK, INC., a New Mexico corporation, Teme, Ltd., an Oklahoma limited partnership, Counterclaimants-Appellees, v. BOOTHE FINANCIAL CORPORATION, IDS Mortgage Corporation, IDR Management Corporation, D.P. Boothe, Jr., Craig R. Stapleton, and Joseph M. Graham, Counterdefendants-Appellants.

Court of Appeals of New Mexico.

February 9, 1982.

Attorney(s) appearing for the Case

Thomas A. Simons, IV, Simons, Cuddy & Friedman, Santa Fe, for plaintiff-appellee and counterdefendants-appellants.

Booker Kelly, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for defendants-appellants and counterclaimants-appellees.

OPINION

SUTIN, Judge.

Plaintiff, Boothe Financial Corporation (Boothe), and Boothe, et al., as counterdefendants moved for partial summary judgment as follows:

1. On the Complaint that, as a matter of law, plaintiff had the right of possession of The Inn of Loretto, Santa Fe from January 1, 1980, to February 29, 1980. [This partial summary judgment was granted.] 2. On the counterclaim of Loretto...

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