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KORGICH v. REGENTS OF NEW MEXICO SCH. OF MINES

No. 77-1932.

582 F.2d 549 (1978)

Michael KORGICH, Plaintiff-Appellant, v. REGENTS OF the NEW MEXICO SCHOOL OF MINES, a body corporate, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 18, 1978.

Attorney(s) appearing for the Case

Juan G. Burciaga of Ussery, Burciaga & Parrish, Albuquerque, N. M., for plaintiff-appellant.

Ranne B. Miller and Robert H. Clark of Keleher & McLeod, Albuquerque, N. M., for defendant-appellee.

Before PICKETT, McKAY and LOGAN, Circuit Judges.

PICKETT, Circuit Judge.

Michael Korgich, a nonresident student at the New Mexico School of Mines, brought this action in the United States District Court for the District of New Mexico, seeking damages from personal injuries alleged to have resulted from the negligence of the school's board of regents in the operation of the school. The district court, on its own motion, held that the action was, in effect, against the State of New Mexico, and that the Eleventh Amendment...

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