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ENGLAND v. NEW MEXICO STATE HIGHWAY COM'N

No. 11654.

575 P.2d 96 (1978)

91 N.M. 406

Larry E. ENGLAND and Sherry J. England, Individually and as Next Friend of Jimmy Lee Shipman, Bobby D. England and Mark E. England, Petitioners, v. NEW MEXICO STATE HIGHWAY COMMISSION, Board of Commissioners of Sierra County, Commercial Standard Insurance Company and United States Fidelity and Guaranty Company, Respondents.

Supreme Court of New Mexico.

January 18, 1978.

Attorney(s) appearing for the Case

Leslie C. Smith, Truth or Consequences, Thomas G. Fitch, Socorro, for petitioners.

Keleher & McLeod, William K. Stratvert, Robert H. Clark, Albuquerque, Crouch, Parr & Valentine, Walter K. Parr, Las Cruces, for respondents.

OPINION

SOSA, Justice.

This action was filed November 16, 1976, against the New Mexico State Highway Commission, the Board of Commissioners of Sierra County, and their two insurance carriers. The complaint sought recoery of damages under the former version of the New Mexico Tort Claims Act [hereinafter Act], enacted by Ch. 58, § 1, 1976 N.M. Laws 159 as amended by Ch. 386, § 1, 1977 N.M. Laws 2772 [§§ 5-14-1, et seq. N.M.S.A. 1953 (Inter...

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