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FERNANDEZ v. MORA-SAN MIGUEL ELEC. CO-OP.

No. 05-2130.

462 F.3d 1244 (2006)

Mark FERNANDEZ; Don Abreu, Plaintiffs-Appellants, v. MORA-SAN MIGUEL ELECTRIC CO-OPERATIVE, INC.; Fourth Judicial District Attorney's Office; Lucero Professional Services, Ltd.; Carl Armijo, in his individual and official capacities, Defendants-Appellees, and Mora County Sheriff's Office; Ernesto Gonzales; Levi Alcon; Yvette Alcon, Defendants.

United States Court of Appeals, Tenth Circuit.

August 29, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:* Michael E. Mozes, Law Offices of Michael E. Mozes, P.C., Albuquerque, NM, for Plaintiff-Appellants.

Jerry A. Walz, Walz and Associates, Cedar Crest, New Mexico, for Defendants-Appellees Fourth Judicial District Attorney's Office and Carl Armijo.

David A. Rammelkamp, Elizabeth A. Heaphy, Rammelkamp, Muehlenweg & Cordova, P.A., Albuquerque, NM, for Defendant-Appellee Lucero Professional Services, Ltd.

Before BRISCOE, McKAY, and BRORBY, Circuit Judges.

BRISCOE, Circuit Judge.

Mark Fernandez and Don Abreu appeal the district court's pre-trial disposition of certain claims in this suit against polygraph examiner Lucero Professional Services (LPS), the New Mexico Fourth Judicial District Attorney's Office (DAO), the DAO's chief inspector Carl Armijo, and Fernandez and Abreu's former employer Mora-San Miguel Electric Cooperative, Inc. (the Co-op). Specifically, both Fernandez...

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