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GILL v. PUBLIC EMPLOYEES RETIREMENT BD.

No. 27,823.

90 P.3d 491 (2004)

135 N.M. 472

2004-NMSC-016

James GILL, Plaintiff-Petitioner, v. PUBLIC EMPLOYEES RETIREMENT BOARD OF the PUBLIC EMPLOYEES RETIREMENT ASSOCIATION OF NEW MEXICO, Defendant-Respondent.

Supreme Court of New Mexico.

April 28, 2004.

Attorney(s) appearing for the Case

Rhodes & Salmon, P.C., Hazen H. Hammel, Albuquerque, NM, for Petitioner.

Hinkle, Hensley, Shanor & Martin, L.L.P., Dana Simmons Hardy, Ellen Casey, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} In Cockrell v. Board of Regents of New Mexico State University, 2002-NMSC-009, 132 N.M. 156, 45 P.3d 876, we acknowledged New Mexico's constitutional sovereign immunity, derived from both the federal Constitution and recent U.S. Supreme Court precedent. We continue to clarify the contours of that immunity by defining the limited

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