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UNIVERSAL CONSTRUCTORS, INC. v. FIELDER

No. 13229.

884 P.2d 813 (1994)

118 N.M. 657

UNIVERSAL CONSTRUCTORS, INC., a New Mexico corporation, Andrew J. Morrow, and James G. Harding, Plaintiffs-Appellees, v. Thomas E. FIELDER and Park Development II, a New Mexico corporation, Defendants and Third-Party Plaintiffs-Appellants, v. James W. STRETZ, Third-Party Defendant-Appellee.

Court of Appeals of New Mexico.

August 17, 1994.

Attorney(s) appearing for the Case

Christopher M. Moody, Poole, Kelly & Ramo, P.C., Albuquerque, for plaintiffs-appellees.

William J. Darling, Margaret P. Armijo, William J. Darling, & Associates, P.A., Albuquerque, for defendants and third-party plaintiffs-appellants.

Joseph Goldberg, Freedman, Boyd, Daniels, Peifer, Hollander, Guttmann & Goldberg, Albuquerque, for third-party defendant-appellee.

OPINION

BLACK, Judge.

Plaintiffs Universal Constructors, Andrew Morrow, and James Harding ("Plaintiffs") filed a complaint alleging a violation of the New Mexico Securities Act, NMSA 1978, Sections 58-13-1 through 58-13-46 (Repl. Pamp.1984) (the "Securities Act"), and seeking rescission and a refund on their purchases of limited partnership shares in Park Development II ("Park II"). Defendants Park II and Thomas Fielder ("Fielder") claimed an exemption...

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