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MARTIN v. BOARD OF EDUCATION OF CITY OF ALBUQUERQUE

No. 8455.

447 P.2d 516 (1968)

79 N. M 636

Roy MARTIN and Frances Martin, his wife, Plaintiffs-Appellants, v. Board OF EDUCATION OF the CITY of ALBUQUERQUE, New Mexico and Gordon Herkenhoff and Associates, Inc., Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 11, 1968.

Attorney(s) appearing for the Case

Ben T. Traub, Hanna & Mercer, Albuquerque, for plaintiffs-appellants.

Marron & Houk, Albuquerque, attys. for Gordon Herkenhoff & Associates.

Botts, Botts & Mauney, Albuquerque, for Board of Education of City of Albuquerque.

OPINION

NOBLE, Justice.

Roy Martin and his wife, Frances, sued the Board of Education of the City of Albuquerque (hereafter termed Board of Education), the City of Albuquerque (hereafter termed City), and Gordon Herkenhoff & Associates, Inc. (hereafter termed Herkenhoff), seeking to recover because of damage to plaintiffs' home by flood following a heavy rain. Summary judgments were rendered in favor of the Board of Education and Herkenhoff. Pursuant...

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