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COLE v. McNEILL

No. 8058.

692 P.2d 532 (1984)

102 N.M. 146

Charlene COLE, et al., Plaintiffs-Appellees, v. Robert McNEILL, as Secretary for and the Health and Environment Department of the State of New Mexico, and The State of New Mexico, Defendants-Appellants.

Court of Appeals of New Mexico.

November 29, 1984.

Attorney(s) appearing for the Case

William G. Walker, Gen. Counsel, Clifford M. Rees, Sp. Asst. Atty. Gen., New Mexico Health & Environment Dept., Santa Fe, for defendants-appellants.

Pedro G. Rael, Rael & Jarner, Anthony Apodaca, Los Lunas, for plaintiffs-appellees.

OPINION

WOOD, Judge.

Plaintiffs, as employees of the Los Lunas Hospital and Training School, sued to compel payment of exemplary performance awards. The complaint, filed on February 7, 1984, alleges that each plaintiff was recommended to receive an exemplary performance award, that funds were appropriated to pay the awards and that defendant McNeill refused to permit payment of the awards, contrary to law. Before the time for answer had expired, and thus...

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