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ESPANOLA HOUSING AUTHORITY v. ATENCIO

No. 11514.

568 P.2d 1233 (1977)

90 N.M. 787

The ESPANOLA HOUSING AUTHORITY, the City of Espanola, and John Doe, Manufacturer, a corporation, petitioners, v. Leroy G. ATENCIO, Individually, and Elizabeth Atencio, a Minor, by her father and next friend, Leroy G. Atencio, Respondents.

Supreme Court of New Mexico.

September 12, 1977.

Attorney(s) appearing for the Case

Civerolo, Hansen & Wolf, Wayne C. Wolf, David W. Yount, Albuquerque, for Espanola Housing Authority.

White, Koch, Kelly & McCarthy, William B. Kelly, Santa Fe, Scarborough & Scarborough, Espanola, for City of Espanola.

Zamora, Rael & Weinreb, Pedro G. Rael, Santa Fe, for respondents.

OPINION

McMANUS, Chief Justice.

Elizabeth Atencio was allegedly injured while playing on a merry-go-round owned by the Espanola Housing Authority in the City of Espanola. Suit to recover for her injuries was brought almost three years later and Espanola asserted the affirmative defense of the statute of limitations. The trial court dismissed the case and the respondents appealed challenging the constitutionality of § 23-1-23, N.M.S.A. 1953, on equal...

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