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BYBEE v. CITY OF ALBUQUERQUE

No. 22245.

896 P.2d 1164 (1995)

120 N.M. 17

Dennis BYBEE, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, a municipal corporation, Defendant-Appellee.

Supreme Court of New Mexico.

May 24, 1995.

Attorney(s) appearing for the Case

Madison, Harbour, Mroz & Puglisi, P.A., Neils L. Thompson, Shannon A. Parden, Albuquerque, for appellant.

Robert M. White, City Atty., Edwin Macy, Asst. City Atty., Albuquerque, for appellee.

The Baker Law Firm, Jeffrey L. Baker, Albuquerque, for Amicus Curiae AMAFCA.

OPINION

BACA, Chief Justice.

Appellant Dennis Bybee appeals from a summary judgment granted by the district court in favor of Appellee City of Albuquerque. The sole question presented on certification is whether Appellee is immune from liability under the New Mexico Tort Claims Act (the "Act"). See NMSA 1978, §§ 41-4-1 to -29 (Repl.Pamp.1989). The Court of Appeals certified this case to us because the resolution depends on the "proper...

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