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CORDOVA v. LARSEN

No. 23,846.

94 P.3d 830 (2004)

136 N.M. 87

2004-NMCA-087

Frank CORDOVA, as Administrator of the Estate of Antonio Cordova Plaintiff-Appellant, v. Wayne LARSEN, Riolino Pollo, Jose "Bennie" Salazar, Leroy Urioste, Ted Drennan, Ralph McNutt, Albert Briggs, Santos Baca, Truman Woods, City of Albuquerque, County of Bernalillo, State of New Mexico, Defendants-Appellees.

Court of Appeals of New Mexico.

May 19, 2004.

Attorney(s) appearing for the Case

Narciso Garcia, Jr., Garcia Law Office, Albuquerque, Lauro D. Silva, Albuquerque, for Appellant.

Robert M. White, City Attorney, Kathryn Levy, Assistant City Attorney, City of Albuquerque, Albuquerque, for City Appellees.

Tito D. Chavez, Bernalillo County Attorney, Linda M. Matteucci, Assistant County Attorney, Bernalillo County Attorney's Office, Albuquerque, William D. Slease, Jonlyn M. Martinez, Slease & Martinez, P.A., Albuquerque, for County Appellees.

Jerry Walz, Walz & Associates, Cedar Crest, for State Appellees.

OPINION

PICKARD, J.

{1} Plaintiff filed an independent action in state court pursuant to Rule 1-060(B)(6) NMRA 2004, seeking to set aside the judgment in favor of the defendants in a 1973 wrongful death action. Defendants removed the case to federal court. Defendants moved to dismiss, arguing res judicata and collateral estoppel based on a 2000 federal court judgment dismissing a federal independent action in which Plaintiff and another party sought...

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