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ELDRIDGE v. SANDOVAL COUNTY

No. 3476.

584 P.2d 199 (1978)

92 N.M. 152

Sandra Y. ELDRIDGE and Tina M. ULIBARRI, Plaintiffs-Appellants, v. SANDOVAL COUNTY, Defendant-Appellee.

Court of Appeals of New Mexico.

August 29, 1978.

Attorney(s) appearing for the Case

James L. Brandenburg and Fred M. Calkins, Jr., Albuquerque, for plaintiffs-appellants.

Louis E. Valencia, Chief Deputy Dist. Atty., Bernalillo, for defendant-appellee.

OPINION

WOOD, Chief Judge.

The appeal involves the 1976 Tort Claims Act (Laws 1976, ch. 58) prior to the 1977 amendments to that Act (Laws 1977, ch. 386). Sandoval County did not have insurance coverage for the negligence alleged in plaintiffs' complaint. The trial court granted Sandoval County's motion to dismiss on the basis that plaintiffs were without a remedy. The issues are: (1) whether the County may be liable in the absence of insurance coverage...

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