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GOMEZ v. BOARD OF ED. OF DULCE IND. SCH. DIST. NO 21

No. 9763.

516 P.2d 679 (1973)

85 N.M. 708

Gene GOMEZ, Plaintiff-Appellant, v. BOARD OF EDUCATION OF the DULCE INDEPENDENT SCHOOL DISTRICT NO. 21 et al., and Joe Baca, Sr., George Ballard, Emmett Lynch, Grace Pettus, Edwin Sandoval, its members; Garfield J. Gutierrez, its Superintendent; and William Lemon, Director of the School Transportation Division of the State Department of Education, State of New Mexico, Defendants-Appellees.

Supreme Court of New Mexico.

November 30, 1973.

Attorney(s) appearing for the Case

Bigbee, Byrd, Carpenter & Crout, Jay C. Carlisle, II, Paul D. Gerber, Santa Fe, for plaintiff-appellant.

Thomas O. Olson, Albuquerque, for Lynch and Sandoval.

Charles S. Solomon, Santa Fe, for Bd. of Education, Superintendent Gutierrez, and Baca, Ballard and Pettus.

David L. Norvell, Atty. Gen., C. Emery Cuddy, Jr., Asst. Atty. Gen., Santa Fe, for Lemon, Director of School Trans. Div.

OPINION

MONTOYA, Justice.

This is an appeal by plaintiff (appellant) from a judgment of dismissal rendered in favor of defendants in an action brought by plaintiff seeking damages from defendants as a result of their decision to cancel or, in the alternative, not renew the plaintiff's bus service contract with the Dulce Independent School District. For convenience, the parties will be referred to as they appeared below.

The facts alleged in plaintiff...

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