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TRUJILLO v. CITY OF ALBUQUERQUE

Nos. 18296, 19118.

893 P.2d 1006 (1995)

119 N.M. 602

Lawrence TRUJILLO, and Lisa M. Rogers, individually and as Personal Representative of the Estate of Crystal Rogers, Plaintiffs-Appellants, v. The CITY OF ALBUQUERQUE, Defendant-Appellee.

Supreme Court of New Mexico.

April 10, 1995.

Attorney(s) appearing for the Case

Duhigg, Cronin & Spring, David Duhigg, Helena Gorochow, Leon Thomas, Albuquerque, for appellant Trujillo.

Freedman, Boyd, Daniels, Peifer, Hollander, Guttmann & Goldberg, Joseph Goldberg, Carpenter & Chavez, William H. Carpenter, David J. Stout, Albuquerque, for appellant Rogers.

Butt, Thornton & Baehr, Emily A. Franke, John A. Klecan, Albuquerque, for appellee City of Albuquerque.

Judith A. Olean, Santa Fe, Sive, Paget & Riesel, Steven Barshov, New York City, for amici curiae N.M. Municipal League and N.M. Self Insurers Fund.

Miller, Stratvert, Torgerson & Schlenker, Alice Tomlinson Lorenz, Nancy Augustus, Albuquerque, for amicus curiae N.M. Medical Society.

ORDER

PER CURIAM.

An opinion was filed in this case on September 6, 1994. Chief Justice Montgomery authored the opinion. Justice Franchini concurred. Justice Frost filed a special concurrence, joined by Justice Baca. Justice Ransom dissented. On motion for rehearing filed by the Plaintiffs-Petitioners, we now withdraw that opinion. We nonetheless reaffirm the holding of the four-member majority of this Court that, in considering the constitutionality of...

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