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WHITTINGTON v. DEPARTMENT OF PUBLIC SAFETY

No. 19,065.

992 P.2d 889 (1999)

128 N.M. 338

1999-NMCA-150

Stephen R. WHITTINGTON, et al., Plaintiffs-Appellants, v. STATE of New Mexico DEPARTMENT OF PUBLIC SAFETY, Darren P. White, in his capacity as Secretary of the New Mexico Department of Public Safety, and Frank Taylor, in his capacity as the Chief of the New Mexico State Police, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 9, 1999.

Attorney(s) appearing for the Case

Jill Henson, Rowley Law Firm P.C., Clovis, for Appellants.

Ellen S. Casey, S. Barry Paisner, Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P., Santa Fe, for Appellees.

Mark B. Stern, Robert M. Loeb, U.S. Department of Justice, Washington, D.C., Amicus Curiae for United States.

Carl J. Butkus, Butkus & Reimer, P.C., Albuquerque, Amicus Curiae for John Raymond, et al.

Certiorari Denied, No. 25,989, November 9, 1999.

OPINION

ALARID, Judge.

{1} The opinion filed on August 3, 1999, is withdrawn on the Court's own motion, and the following opinion is substituted in its place. On remand from the United States Supreme Court, we are asked to reconsider our decision in Whittington v. Department of Public Safety, 1998-NMCA-156, 126 N.M. 21, 966 P.2d 188

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