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CORDOVA v. CITY OF ALBUQUERQUE

No. 1414.

526 P.2d 1290 (1974)

86 N.M. 697

Mary CORDOVA, mother of decedent, Antonio Cordova, as Administratrix of the Estate of Antonio Cordova, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, a municipal corporation, and Riolino Polo, Jose "Bennie" Salazar, Wayne Larson, Police Officers of the Albuquerque Police Department, Individually and Ted Drennan, Leroy Urioste, Ralph McNutt, State Policemen for the State of New Mexico in their Individual Capacities, and Wylie Brothers Contracting Company, Defendants-Appellees.

Court of Appeals of New Mexico.

September 11, 1974.

Attorney(s) appearing for the Case

William H. Brogan, Duhigg & Cronin, Albuquerque, for appellant.

Robert G. McCorkle, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for appellees City, Polo, Salazar, Larson, Drennan, Urioste and McNutt.

Mel E. Yost, James A. Parker, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for appellee Wylie Bros.

OPINION

WOOD, Chief Judge.

Antonio Cordova and Rito Canales were killed by police gunfire on the night of January 28, 1972. The shooting occurred near sheds containing dynamite and blasting caps. The sheds were located within the right-of-way for a highway construction project. The contractor for the project was Wylie (Wylie Brothers Contracting Company, a corporation). Plaintiff, as Administratrix of Cordova's estate, sought damages for the wrongful death...

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