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BETSUIE v. U.S.

No. Civ 98-528 LCS/DJS.

65 F.Supp.2d 1218 (1999)

Emmett BETSUIE, a/k/a Andrew Betsuie, and Melinda Betsuie, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. New Mexico.

June 22, 1999.

Attorney(s) appearing for the Case

Edward L. Chavez, Carpenter & Chavez, Albuquerque, NM, Theodore W. Barudin, Ted Barudin & Associates, PC, Albuquerque, NM, for Emmett Betsuie, plaintiff.

Edward L. Chavez, Carpenter & Chavez, Albuquerque, NM, Theodore W. Barudin, Ted Barudin & Associates, PC, Albuquerque, NM, for Melinda Betsuie, plaintiff.

Marilyn S. Hutton, U.S. Attorney's Office, Albuquerque, NM, for U.S.

MEMORANDUM OPINION AND ORDER

SMITH, United States Magistrate Judge.

This matter comes before the Court on Defendant's Motion to Dismiss, or, in the Alternative, for Summary Judgment, filed on April 16, 1999 (Doc. 30). The Court, having considered the Motion, the memoranda submitted by the parties and the applicable law, finds that the Motion is not well-taken and it will be denied.

Plaintiff Emmett Betsuie ("Betsuie") was...

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