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BANQUEST/FIRST NAT. BANK v. LMT, INC.

No. 16475.

734 P.2d 1266 (1987)

105 N.M. 583

BANQUEST/FIRST NATIONAL BANK OF SANTA FE, a national banking corporation, Plaintiff-Appellee, v. LMT, INC., Ted C. Luna, and Fern Kimball Luna, et al., Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied April 9, 1987.

Attorney(s) appearing for the Case

Popejoy & Leach, Thomas L. Popejoy, Albuquerque, for defendants-appellants.

White, Koch, Kelly & McCarthy, John F. McCarthy, Larry White, Santa Fe, for plaintiff-appellee.

Johnson & Lanphere, Robin Dozier Otten, Albuquerque, for defendant-appellant Albuquerque Federal Sav. & Loan.

OPINION

SCARBOROUGH, Chief Justice.

Banquest/First National Bank of Santa Fe (bank) brought suit against LMT, Inc., Ted C. Luna, and Fern Kimball Luna (Lunas) to recover judgment on a promissory note and personal guarantees and to foreclose a mortgage. Lunas answered and counterclaimed on grounds of fraud, fraud in the inducement, fraudulent and negligent misrepresentation, and other claims. The trial court granted the bank summary judgment on the note and...

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