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DISABLED AM. VETERANS v. LAKESIDE VETERANS

No. 29,134.

263 P.3d 911 (2011)

2011-NMCA-099

DISABLED AMERICAN VETERANS, Cavern City Chapter 13; Disabled American Veterans Department Of New Mexico; E. De P. Bujac Post 3277 Veterans of Foreign Wars; Veterans of Foreign Wars New Mexico; Allen Semrau, Individually; and Earl Diggs, Individually, Plaintiffs-Appellees, v. The LAKESIDE VETERANS CLUB, INC., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, September 7, 2011, No. 33,153.

Attorney(s) appearing for the Case

Montgomery & Andrews, P.A., Sarah M. Singleton , Jaime R. Kennedy , Santa Fe, NM, McCormick, Caraway, Tabor & Byers, L.L.P., John M. Caraway , Carlsbad, NM, for Appellees.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward R. Ricco , Jocelyn C. Drennan , Albuquerque, NM, Marek & Francis, P.A., Thomas L. Marek , Carlsbad, NM, for Appellant.

OPINION

GARCIA, Judge.

{1} Under NMSA 1978, Section 53-8-55(A)(1)(e) (1975), the liquidation of a nonprofit corporation may be initiated by the individual members of the organization. The district court recognized that as of a specific date prior to the filing for liquidation, Lakeside Veterans Club, Inc. (Lakeside) did not have any members. Despite this specific finding, the district court allowed the corporate liquidation action filed by two...

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