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OTERO v. STATE

No. 8886.

737 P.2d 90 (1987)

105 N.M. 731

Mary Frances OTERO, Formerly known as Mary Frances Hill, Individually and as Personal Representative of the Estate of Richard Hill, Deceased, Plaintiff-Appellant, v. STATE of New Mexico and the Department of Finance & Administration, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied May 14, 1987.

Attorney(s) appearing for the Case

James T. Roach, Albuquerque, for plaintiff-appellant.

Hal Stratton, Atty. Gen., Holly A. Hart and Kevin V. Reilly, Asst. Attys. Gen., Santa Fe, for defendants-appellees.

OPINION

BIVINS, Judge.

In this case, we must decide whether the State of New Mexico and its Department of Finance and Administration (DFA) are responsible, under the Tort Claims Act, NMSA 1978, Sections 41-4-1 to -29 (Repl. 1986), for paying a federal court judgment against a penitentiary guard when neither the state nor any of its agencies had notice of either the claim or of the federal court suit. We hold that the state and DFA are not responsible for...

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