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VALDEZ v. CITY OF LAS VEGAS

No. 6745.

361 P.2d 613 (1961)

68 N.M. 304

Francisco VALDEZ, a Minor, by his next friend, Joe E. Valdez, Plaintiff-Appellant, v. CITY OF LAS VEGAS, a Municipality, Defendant-Appellee.

Supreme Court of New Mexico.

May 2, 1961.

Attorney(s) appearing for the Case

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Manuel Garcia, Jr., Albuquerque, for appellant.

Catron & Catron, Santa Fe, for appellee.

MOISE, Justice.

The plaintiff-appellant, a 17 year old school boy, by his father as next friend, brought this suit to recover from Andy Gallegos and defendant-appellee City of Las Vegas damages resulting from being shot by Andy Gallegos. Both the City and Gallegos answered the complaint of plaintiff, the depositions of plaintiff and Gallegos were taken and thereupon the City filed a motion for summary judgment on the ground "that the pleadings and depositions on file...

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