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MIERA v. WALTEMEYER

No. 4663.

621 P.2d 522 (1980)

95 N.M. 305

Robert MIERA, Plaintiff-Appellant, v. Sgt. C. P. WALTEMEYER, individually, and the City of Albuquerque, a municipal corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

December 16, 1980.

Attorney(s) appearing for the Case

Michael D. Bustamante, Ortega & Snead, Albuquerque, for plaintiff-appellant.

Joe L. McClaugherty, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for defendant-appellee.

OPINION

ANDREWS, Judge.

In this interlocutory appeal from the dismissal of the City of Albuquerque as a defendant, we are presented with an issue under §§ 5-14-4 and 5-14-12, N.M.S.A. 1953 (1976 Int.Supp.), the 1976 Tort Claims Act being the applicable statute. For current provisions, see §§ 41-4-4 and 41-4-12, N.M.S.A. 1978.

Plaintiff-Appellant, Robert Miera, was allegedly the victim of an assault and battery committed...

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