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GARCIA v. CITY OF ALBUQUERQUE

No. 871.

500 P.2d 453 (1972)

Mella GARCIA, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE and R.J. Callahan, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted August 23, 1972.

Attorney(s) appearing for the Case

Frank H. Allen, Jr., Arthur D. Melendres, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for plaintiff-appellant.

James C. Ritchie, Rex D. Throckmorton, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for defendants-appellees.

OPINION

SUTIN, Judge.

This appeal involves the constitutionality of that part of § 64-25-9, N.M.S.A. 1953 (2nd Repl.Vol. 9, pt. 2), which reads as follows:

No action shall be brought or entertained in any court of this state against the state or any of its institutions, agencies or political subdivisions for injury or damage caused by the operation of such vehicles, but the action for any such injury or damage shall be brought against the person...

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