BELLER v. U.S.

No. CIV.02-1368WPJLFJACE.

277 F.Supp.2d 1164 (2003)

James J. "Jim" BELLER, as Personal Representative of Larry Beller and Rita Beller, deceased, and Terry Pfeifer, as Personal Representative of Edward Ramaekers and Alice Ramaekers, deceased, Plaintiffs, v. UNITED STATES of America, and the Bureau of Indian Affairs, Defendants.

United States District Court, D. New Mexico.

August 14, 2003.


Attorney(s) appearing for the Case

Jason Bowles and Lynn Sharp, Sharp, Jarmie & Bowles, PA, Albuquerque, NM, Dean F. Suing, Katskee, Henqtsch & Suing, Omaha, NE, for plaintiff Beller.

Kathleen J. Love and Randi McGinn, McGinn & Carpenter, PA, Albuquerque, NM, for plaintiffs Ramaekers.

Traci L. Colquette, U.S. Department of Justice, Torts Branch — Civil Division, Robert D. McCallum, Jr., U.S. Department of Justice, Tobacco Litigation Team, Washington, DC, David Iglesias, Elizabeth Martinez and Jan E. Mitchell, U.S. Attorney's Office, District of New Mexico, Albuquerque, NM, James G. Touhey, Jr., U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for defendants.


MEMORANDUM OPINION AND ORDER

JOHNSON, District Judge.

THIS MATTER comes before the Court upon Defendants' Motion to Dismiss Plaintiffs' Claims for Injunctive Relief, filed April 21, 2003 (Doc. 46). This civil action arises from a fatal "head-on" vehicular collision involving a Cadillac sedan driven by Larry Beller and occupied by Rita Beller, Edward Ramaekers and Alice Ramaekers, and a United States Government owned

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