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BLEA v. CITY OF ESPANOLA

No. 12200.

870 P.2d 755 (1994)

117 N.M. 217

Joseph BLEA, Individually and as Personal Representative of the Estate of Francine Blea, Deceased, Wanda Blea, and Joseph L. Blea, Jr., Plaintiffs-Appellants, v. The CITY OF ESPANOLA, Richard Guillen, Jesse Marquez, and Daniel Garcia, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied March 1, 1994.

Attorney(s) appearing for the Case

Richard Rosenstock, Robert R. Rothstein, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, Santa Fe, for plaintiffs-appellants.

David F. Cunningham, M. Karen Kilgore, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for defendants-appellees.

OPINION

CHAVEZ, Judge.

This matter involves the Tort Claims Act, NMSA 1978, Sections 41-4-1 through -27 (Repl.Pamp.1989). Plaintiffs appeal the trial court's order dismissing the complaint for failure to state a claim upon which relief can be granted. See SCRA 1986, 1-012(B)(6) (Repl.1992). Plaintiffs raise four issues on appeal. In essence, these issues are that Plaintiffs have a viable cause of action under various theories for which immunity...

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