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

No. 16321.

911 P.2d 222 (1995)

121 N.M. 328

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

Court of Appeals of New Mexico.

October 20, 1995.

Attorney(s) appearing for the Case

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

James P. Lyle, Butt, Thornton & Baehr, P.C., Albuquerque, for Defendants-Appellants.

OPINION

PICKARD, Judge.

1. This interlocutory appeal presents two issues for our review: (1) what is the status of the law of governmental immunity for lakes used both for recreation and for diversion and storage of water; and (2) whether this Court's previous reversal of the trial court's grant of summary judgment to Defendants precludes, on the basis of law of the case, the trial court from now granting summary judgment to Defendants after additional...

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