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  5. 746 P.2d 1116 (1987)
 

BANK OF SANTA FE v. HONEY BOY HAVEN, INC.

No. 17069.

746 P.2d 1116 (1987)

106 N.M. 584

The BANK OF SANTA FE, a New Mexico State banking corporation, and Fiesta Arabians, an Arizona General Partnership, Plaintiffs-Appellees, v. HONEY BOY HAVEN, INC., a New Mexico corporation, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied December 28, 1987.

Attorney(s) appearing for the Case

Joseph A. Sommer, Jack N. Hardwick, Sommer, Udall & Hardwick, P.A., Santa Fe, for appellant.

Steven L. Tucker, Francis J. Mathew, Jones, Snead, Wertheim, Rodriguez & Wentworth, P.A., Santa Fe, for appellees.

OPINION

WALTERS, Justice.

The Bank of Santa Fe and its assignee Fiesta Arabians filed a collection and foreclosure action against Honey Boy Haven, Inc. (Honey Boy) and Mr. and Mrs. Clifford Baltzley upon default in payment on two promissory notes. The Baltzleys cross-claimed against Honey Boy, and filed a third-party claim against John Rote, a shareholder and one-time Chairman of the Board of Honey Boy. Honey Boy filed cross-claims against the Baltzleys...

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