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CHEE OWENS v. LEAVITTS FREIGHT SERVICE

No. 8512.

745 P.2d 1165 (1987)

106 N.M. 512

Phillip CHEE OWENS, and Norma Chee Owens, on their own behalf, and as next Friends of Merle Chee Owens, their child, Plaintiffs-Appellants, v. LEAVITTS FREIGHT SERVICE, INC., an Oregon Corporation, Clyde Runyon, Bill G. Loshbough, Assistant State Superintendent of Transportation and Interagency Coordinator for the Department of Education, the State Transportation Division of the State Board of Education, the McKinley County School District, the State of New Mexico and George Hoover, Defendants-Appellees.

Court of Appeals of New Mexico.

March 3, 1987.

Attorney(s) appearing for the Case

Louis Marjon, Albuquerque, for plaintiffs-appellants.

Joseph A. Sommer, Sommer & Lawler, P.A., Santa Fe, for defendants-appellees Leavitts and Runyon.

John B. Pound, James C. Murphy, Montgomery & Andrews, P.A., Santa Fe, for defendants-appellees Bill G. Loshbough and The State Transp. Div. of the State Bd. of Educ.

Robert G. McCorkle, John A. Swain, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendants-appellees McKinley County School Dist. and George Hoover.

OPINION

ALARID, Judge.

Plaintiffs appeal from a district court order granting dual motions for summary judgment in favor of defendants Transportation Division of the State Board of Education and Bill G. Loshbough (State), and the Gallup-McKinley County School District and George Hoover (School District). We affirm as to the State defendants and reverse as to the School District defendants.

Preliminarily, we discuss the State's claim that plaintiffs...

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