CARTER v. THURBER

No. 10097.

744 P.2d 557 (1987)

106 N.M. 429

Tom CARTER, Plaintiff-Appellant, v. Jerry THURBER, et al., Defendants-Appellees.

Court of Appeals of New Mexico.

October 6, 1987.


Attorney(s) appearing for the Case

Gary Fernandez, Grants, for plaintiff-appellant.

M. Clea Gutterson, Gallagher & Casados, P.C., Albuquerque, for defendants-appellees.


OPINION

BIVINS, Judge.

Plaintiff appeals from a summary judgment dismissing with prejudice his state court action as against defendants Jerry Thurber and the City of Grants. The trial court determined as a matter of law that plaintiff's claims against those defendants were barred under the doctrine of res judicata by reason of a prior dismissal for lack of prosecution in a federal district court case.

Plaintiff raises two issues on appeal. First...

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