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BELL v. N.M. INTERSTATE STREAM COM'N

No. 14635.

868 P.2d 1296 (1993)

117 N.M. 71

Bobby BELL, Kathleen Bell, and Sunwest Bank of Albuquerque, N.A., as Conservatory of the Estate of Joseph Bell, a minor, Plaintiffs-Appellants, v. NEW MEXICO INTERSTATE STREAM COMMISSION, New Mexico Energy, Minerals and Natural Resources Department, New Mexico Park and Recreation Division, New Mexico State Highway and Transportation Department, State Highway Commission, and State Engineer, Defendants-Appellees, and KNC Incorporated, and Kent Nowlin Construction, Inc., Defendants.

Court of Appeals of New Mexico.

Certiorari Denied February 4, 1994.

Attorney(s) appearing for the Case

James T. Roach, Janet K. Santillanes, Nancy L. Garner, Nancy Garner & Associates, P.C., Albuquerque, for plaintiffs-appellants.

James P. Lyle, Butt, Thornton & Baehr, P.C., Albuquerque, for defendants-appellees.

OPINION

FLORES, Judge.

The opinion filed December 3, 1993 is withdrawn and the following substituted therefor.

Plaintiffs appeal the summary judgment dismissing their claims. The basis for the judgment was the district court's determination that sovereign immunity had not been waived. Plaintiffs raise the following issues on appeal: (1) sovereign immunity is waived pursuant to NMSA 1978, Section 41-4-6 (Repl.Pamp.1989), and that alternatively...

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