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POWELL v. N.M. STATE HWY. & TRANSP. DEPT.

No. 14395.

872 P.2d 388 (1994)

117 N.M. 415

Gentry POWELL, Plaintiff-Appellant, v. NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 6, 1994.

Attorney(s) appearing for the Case

Edward L. Chavez, David J. Stout, Carpenter & Chavez, Ltd., Albuquerque, for plaintiff-appellant.

Stephen S. Hamilton, Montgomery & Andrews, P.A., Santa Fe, for defendant-appellee.

OPINION

DONNELLY, Judge.

Plaintiff appeals from orders granting summary judgment in favor of the New Mexico State Highway and Transportation Department (the Department), denying Plaintiff's motion for summary judgment and upholding the constitutionality of the notice provision of the Tort Claims Act, NMSA 1978, Section 41-4-16(B) (Repl.Pamp.1989). We address Plaintiff's claims that: (1) the Department had...

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