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JOHNSON EX REL. ESTATE OF CANO v. HOLMES

No. 04-2286.

455 F.3d 1133 (2006)

Scott JOHNSON, as personal representative of the ESTATE OF Graciela CANO a/k/a Grace Lee Bogey, deceased; and Lorena Torrez, Plaintiffs-Appellants, v. Anne HOLMES; Bonnie Vehstedt; Karen Zarate; Lydia R. Saenz; Sonia Perez; Virginia Villareal; Viviane Encinias; Ginger Bowman; Denise H. Narvaez; Children, Youth And Families Department, New Mexico; Veronica Bogey; Terry Bogey a/k/a Teri Bogey, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 26, 2006.

Attorney(s) appearing for the Case

Paul J. Kennedy (Adam S. Baker with him on the briefs), Kennedy & Han, Albuquerque, NM, appearing for Plaintiffs-Appellants.

Michael Dickman, Assistant Attorney General, Santa Fe, NM, for Defendant-Appellee, Children, Youth and Families Department, New Mexico.

Randolph B. Felker, Felker, Ish, Hatcher, Ritchie, Sullivan & Geer, Santa Fe, NM, Timothy V. Flynn-O'Brien, Albuquerque, NM, appearing for Defendants-Appellees.

Before LUCERO, BALDOCK, and McCONNELL, Circuit Judges.

LUCERO, Circuit Judge.

This case is not much about grace; it is about Grace, a child born with severe spina bifida. Grace was abandoned soon after birth to the custody of the New Mexico Children, Youth, and Families Department and placed with a foster family. Over the foster family's objection, the Children, Youth, and Families Department allowed Veronica Bogey to adopt Grace soon after Grace's first birthday. The basis of the

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