BEGAY v. STATE

No. 7949.

723 P.2d 252 (1985)

104 N.M. 483

Ruth Y. BEGAY, Hanogani Nez Bitsie, Minnie Conn, Harry K. Harrison, Rex Harrison and David Yazzie, Plaintiffs-Appellants, v. The STATE of New Mexico and Dr. John Smialek, the State Medical Investigator, Defendants-Appellees.

Court of Appeals of New Mexico.

Rehearing Denied January 7, 1986.


Attorney(s) appearing for the Case

Earl Mettler, Shiprock, for plaintiffs-appellants.

Paul L. Civerolo, Carl J. Butkus, Civerolo, Hansen & Wolf, P.A., Albuquerque, for defendants-appellees.


OPINION

GARCIA, Judge.

This is an appeal from the trial court's ruling on defendants' motion to dismiss pursuant to NMSA 1978, Civ.P.Rule 12(b)(6) (Repl.Pamp.1980), and alternatively, for lack of standing. The six original plaintiffs are all relatives of George Nelson, deceased. Hanogani Nez Bitsie was the decedent's mother; the other five plaintiffs were brothers or sisters of decedent and are parties to this appeal. Plaintiffs sought damages on the basis...

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