GARCIA v. CONDARCO

No. CIV 00-238BB/LFG-ACE.

114 F.Supp.2d 1158 (2000)

Sondra GARCIA, Plaintiff, v. Jorge L. CONDARCO and Brenda Smith, in their individual capacities, and the City of Hobbs, Defendants.

United States District Court, D. New Mexico.

September 26, 2000.


Attorney(s) appearing for the Case

Paul J. Kennedy, Mary Y.C. Han, Albuquerque, NM, Bill J. Helwig, Denver City, TX, for Plaintiffs.

Gregory L. Biehler, Albuquerque, NM, for Defendants.


MEMORANDUM OPINION AND ORDER

BLACK, District Judge.

THIS MATTER is before the Court on Defendants' Motion to Dismiss Count III of Plaintiffs Complaint, filed June 23, 2000 (Doc. 24). The Court has reviewed the motion, the memoranda submitted by the parties, and the relevant authorities, and finds Defendants' argument is well taken and, therefore, GRANTS Defendants' motion to dismiss Count III.

I. BACKGROUND

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