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TRUJILLO v. U.S.

No. 03 CV 00580 WPJ/LFG.

313 F.Supp.2d 1146 (2003)

Robert TRUJILLO, Sr., Individually, and Erlinda Trujillo, as guardian and next friend of Robert Trujillo, Jr, a minor child, Individually and Starlyne Trujillo, a minor child, Individually, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. New Mexico.

November 14, 2003.

Attorney(s) appearing for the Case

Anthony F. Little, Anthony F. Little & Associates, Albuquerque, NM, for plaintiffs.

Jan E. Mitchell, U.S. Attorney's Office, District of New Mexico, Albuquerque, NM, for defendant.

MEMORANDUM OPINION AND ORDER

JOHNSON, District Judge.

THIS MATTER comes before the Court upon Defendant's Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) or, in the Alternative, Motion for Summary Judgment Pursuant to Fed.R.Civ. P. 56, filed October 3, 2003 (Doc. 8). Having considered all the pleadings, memoranda and other materials submitted by the parties, as well as the applicable law, I find that Defendants' motion...

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