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TSOSIE v. UNITED STATES

No. CIV.02-1411 MCA/RHS.

441 F.Supp.2d 1100 (2004)

Leonard TSOSIE, as Personal Representative of the Estate of Nettie Ann Tsosie; and Leonard Tsosie, et al., Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, D. New Mexico.

October 22, 2004.

Attorney(s) appearing for the Case

Henry S. Howe, William R. Keeler, Keeler & Keeler, LL, Gallup, NM, for Plaintiffs.

Virgil H. Lewis, II, U.S. Attorney's Office, District of New Mexico, Albuquerque, NM, Jan E. Mitchell U.S. Attorney's Office, District of New Mexico, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

ARMIJO, District Judge.

THIS MATTER originally came before the Court on 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 [Doc. 33]. By Memorandum Opinion and Order entered April 28, 2004, I granted in part and denied in part Defendant's motion. [Doc. 44 at 1, 11-12]. I determined that...

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