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WHITTINGTON v. STATE

No. 19,065.

4 P.3d 668 (2000)

129 N.M. 221

2000-NMCA-055

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 Granted June 28, 2000.

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 Granted, No. 26,362, June 28, 2000.

OPINION

ALARID, Judge.

{1} On December 29, 1999, we withdrew on our own motion our previous opinion, filed on September 13, 1999. The following opinion hereby is substituted in its place.

{2} On remand from the United States Supreme Court, we reconsider our decision in Whittington v. Department of Public Safety, 1998-NMCA-156, 126 N.M. 21,

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