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HOME AND LAND OWNERS v. ANGEL FIRE RESORT

No. 22,400.

69 P.3d 243 (2003)

133 N.M. 733

2003-NMCA-070

HOME AND LAND OWNERS, INC., a New Mexico non-profit corporation; Curtis Lombardi, Carroll Morrison and Jerry Weeks, Plaintiffs-Appellants, v. ANGEL FIRE RESORT OPERATIONS, L.L.C., a Texas limited liability company, and Association of Angel Fire Property Owners, a New Mexico non-profit corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

March 18, 2003.

Attorney(s) appearing for the Case

Thomas A. Simons, IV, Charles V. Henry, IV, The Simons Firm, LLP, Santa Fe, NM, for Appellants.

Terrence R. Kamm, Kamm & McConnell, L.L.C., Raton, NM, for Appellee-Association of Angel Fire Property Owners.

Daniel E. Rakes, Angel Fire, NM, Walter L. Reardon, Jr., Watrous & Reardon, William S. Dixon, Edward R. Ricco, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Appellee-Angel Fire Resort Operations, L.L.C.

OPINION

WECHSLER, Chief Judge.

{1} Plaintiffs appeal from a district court order awarding summary judgment in favor of Defendants and denying Plaintiffs' request to amend their complaint. Based upon our determination that the doctrine of merger is inapplicable under the circumstances presented by this case, the district court properly concluded that the bankruptcy documents should be construed together. In addition, we decline to remand this case...

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