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WEINBAUM v. CITY OF LAS CRUCES, N.M.

No. CIV 05-0996 RB/LAM.

465 F.Supp.2d 1164 (2006)

Paul F. WEINBAUM, Olivia S. Weinbaum, Martin J. Boyd, Plaintiffs, v. CITY OF LAS CRUCES, NEW MEXICO, William Mattiace, individually, and in his official capacity as Mayor of the City of Las Cruces, Dolores Archuleta, individually, and in her capacity as a member of the City Council of the City of Las Cruces, New Mexico, Dolores Connor, individually, and in her capacity as a member of the City Council of the City of Las Cruces, New Mexico, Jose Frietze, individually, and in his capacity as a member of the City Council of the City of Las Cruces, New Mexico, Kenneth Miyagashima, individually, and in his capacity as a member of the City Council of the City of Las Cruces, New Mexico, Wesley Strain, individually, and in his capacity as a member of the City Council of the City of Las Cruces, New Mexico, and Steve Trowbridge, individually, and in his capacity as a member of the City Council of the City of Las Cruces, New Mexico, Defendants.

United States District Court, D. New Mexico.

November 9, 2006.

Attorney(s) appearing for the Case

Paul F. Weinbaum, Las Cruces, NM, Pro se.

Martin J. Boyd, Las Cruces, NM, Pro se.

Matthew P. Holt, Holt Babington & Mynat, Las Cruces, NM, Randilynn M. Lord, Attorney General's Office, Albuquerque, NM, Frank D. Weissbarth, Attorney General's Office, Santa Fe, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

BRACK, District Judge.

THIS MATTER came before the Court on Cross Motions for Summary Judgment (Docs. 140 and 142), filed on June 29, 2006. Jurisdiction arises under 28 U.S.C. § 1331 (2000).

Having reviewed the submissions of the parties, and being otherwise fully advised, I grant Defendants' motion and deny Plaintiffs' motion.

I. Background.

Plaintiffs1

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