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MONTOYA v. CITY OF ALBUQUERQUE

No. 8973.

476 P.2d 60 (1970)

82 N.M. 90

Carlos MONTOYA and Jose A. Montoya, Plaintiffs-Appellants, v. The CITY OF ALBUQUERQUE, a municipal corporation, Defendant-Appellee.

Supreme Court of New Mexico.

October 26, 1970.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, Jonathan B. Sutin, Albuquerque, for plaintiffs-appellants.

Frank M. Mims, Albuquerque, for defendant-appellee.

OPINION

SISK, Justice.

Plaintiffs appeal from a summary judgment granted to defendant City of Albuquerque. The amended complaint alleged that four police officers, acting under the authority and in execution of the orders of the City, committed the tortious acts of false arrest, false imprisonment, malicious prosecution and assault and battery. Plaintiffs sought damages from the individual police officers and from the City.

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