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NM Court of Appeals Schedules June 19 Hearing

June 12, 2012 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, June 19, 2012. The oral argument is open to the public and begins at 10:00 am. A three-judge panel will preside: Chief Judge Celia Foy Castillo (’81 Judge Cynthia A. Fry (’81) and Judge Linda M. Vanzi (’95).

Following are the details of the case:

STATE OF NEW MEXICO, ex rel., FRANK C. FOY and SUZANNE B. FOY, Plaintiffs-Appellants, represented by Victor R. Marshall


AUSTIN CAPITAL MANAGEMENT, LTD., et al., Defendants-Appellees, represented by Robert W. Becker, Stephen S. Hamilton, Gregg Vance Fallick, Martin R. Esquivel, Katherine A. Basham, Peter L. Simmons, Andrew G. Schultz, Dietrich Snell, Kenneth L. Harrigan, Brian K. Nichols, Norman F. Weiss, Stephen M. Simone

Appellants contend that the trial court was incorrect in finding that New Mexico’s Fraud Against Taxpayers Act violated the US Constitution.

Appellants’ Brief in Chief
Appellee Gary Bland and Appellee David Contarino's Answer Brief
Appellee Bruce Malott's Answer Brief
Appellees Psilos Group, Albert Waxman, Jeffrey Krauss, Stephen Krupa, David Eichler, Darlene Collins And Ares Management’s Answer Brief
Appellee Guy Riordan's Answer Brief
Appellees The Topiary Trust and DB Investment Managers, Inc.’s Answer Brief
Appellants’ Reply Brief On The Express Retroactivity Of The New Mexico Fraud Against Taxpayers Act
Appellants’ Reply Brief To Defendants' Contention That The Courts Lack Jurisdiction Over Them Because The Agencies And The Ag Knew About The Frauds
Appellants’ Reply Brief About Psilos Defendants' Assertion That The Legislature Has Deprived The Judiciary Of Subject Matter Jurisdiction Over This Case