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ANDRADE v. CITY OF ALBUQUERQUE

No. 7444.

395 P.2d 597 (1964)

74 N.M. 534

Prudence ANDRADE, Plaintiff-Appellant, v. The CITY OF ALBUQUERQUE, the Gamewell Corporation and William Moore, Defendants-Appellees.

Supreme Court of New Mexico.

September 28, 1964.

Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins, Warren F. Reynolds, Joseph B. Zucht, Albuquerque, for appellant.

Frank L. Horan, James L. Parmelee, Jr., Gerald Goodman, Albuquerque, for appellees.

CHAVEZ, Justice.

Appellant Prudence Andrade, plaintiff in the lower court, appeals from an order dismissing her complaint as to the city of Albuquerque. The order of dismissal was based upon the motion of defendant The City of Albuquerque, which alleged:

"I. That it owns and operates its fire protection and fire alarm systems in a governmental capacity. "II. That is has no liability insurance pursuant to Section 5-6-20 N.M.S.A. 1953, 1961 Supp;...

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