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WHITE v. BANES CO.

No. 20984.

866 P.2d 339 (1993)

116 N.M. 611

Joe WHITE, on behalf of The BANES COMPANY DERIVATIVE ACTION, Plaintiff-Appellant, v. The BANES COMPANY, Priscilla Jolly, as personal representative of the Estate of Vernon Jolly, and Priscilla Jolly, Personally, Defendants-Appellees.

Supreme Court of New Mexico.

December 14, 1993.

Attorney(s) appearing for the Case

Thompson & Kushner, Randall L. Thompson, Albuquerque, for appellant.

Sheehan, Sheehan & Stelzner, Judith D. Schrandt, Timothy M. Sheehan, Albuquerque, for appellees.

OPINION

FRANCHINI, Justice.

Joe White appeals from a partial summary judgment entered in favor of defendants on a shareholder's derivative action and a judgment for specific performance in favor of defendants on their counterclaim. Specifically, the trial court ordered White to tender his shares of stock to defendant Banes Company (Banes) for purchase at a price of $17.87 per share or a total of $67,441.38. The trial court awarded defendants their costs...

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