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STEPHENSON v. ESQUIVEL

No. CIV 85-0421 BB.

614 F.Supp. 986 (1985)

James STEPHENSON, a/k/a James Stevenson, and Samuel Preece, Plaintiffs, v. Pete ESQUIVEL, individually, and in his official capacity, Helen Rios, Alex Mendoza, Henry Diaz, individually, and in his official capacity; the Board of County Commissioners of Dona Ana County, in its official capacity, and Dona Ana County, Defendants.

United States District Court, D. New Mexico.

July 30, 1985.

Attorney(s) appearing for the Case

Miller, Stratvert, Torgerson & Brandt, P.A., Walter R. Parr, Las Cruces, N.M., for plaintiffs.

Campbell, Reeves & Chavez, P.A., B. James Reeves, Las Cruces, N.M., for defendants Pete Esquivel, Henry Diaz, Dona Ana County Board of County Comm. and Dona Ana County.

Weinbrenner, Richards, Paulowsky & Sandenaw, P.A., Thomas A. Sandenaw, Jr., Las Cruces, N.M., for defendants Helen Rios and Alex Mendoza.

MEMORANDUM OPINION

BALDOCK, District Judge.

THIS MATTER comes on for consideration of the Motion to Dismiss, filed May 21, 1985, by defendants Rios and Mendoza. The court, having considered the memoranda submitted by the parties, the relevant law, and otherwise being advised fully in the premises, finds that the motion is well taken in part and should be granted in part.

A complaint is dismissed for failure to state a claim upon which relief can...

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