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HERNANDEZ v. HOME ED. LIVELIHOOD PROGRAM

No. 4767.

620 P.2d 1306 (1980)

95 N.M. 281

Guadalupe Garcia HERNANDEZ, Plaintiff-Appellant, v. HOME EDUCATION LIVELIHOOD PROGRAM, INC., a New Mexico Corporation, et al., Defendants-Appellees.

Court of Appeals of New Mexico.

December 9, 1980.

Attorney(s) appearing for the Case

Seigenthaler & Graham, George A. Graham, Jr., Artesia, for plaintiff-appellant.

Shaffer, Butt, Thornton & Baehr, P.C., Briggs F. Cheney, Alfred L. Green, Jr., Albuquerque, for defendants-appellees.

OPINION

SUTIN, Judge.

Plaintiff sued defendants for damages as a result of her wrongful discharge from employment. Defendants were granted summary judgment which stated:

[T]he Court finds that there is no genuine issue as to the material fact that the Plaintiff has not to this date availed herself of any of the grievance or appeal procedures provided for under the Personnel and Policies Manuel [sic] of Defendant and Plaintiff did not file an appeal...

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