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ALBIN v. BAKAS

No. 26,134.

160 P.3d 923 (2007)

2007-NMCA-076

George ALBIN, as personal representative of the Estate of John Albin, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. Nicholas S. BAKAS, Frank R. Taylor, John Denko, Carlos R. Maldanado, and C.S. Hooper and Dennis O'Leary, on behalf of themselves and all other similarly situated defendants, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied June 14, 2007.

Attorney(s) appearing for the Case

Kennedy & Oliver, P.C., Joseph P. Kennedy, Albuquerque, NM, for Appellant.

French & Associates, P.C., Stephen G. French, Valerie A. Chang, Albuquerque, NM, for Appellees.

Certiorari Denied, No. 30,417, June 14, 2007.

OPINION

VIGIL, Judge.

{1} The issue presented in this case is whether state police officers who seize cash under the authority of the Controlled Substances Act, NMSA 1978, §§ 30-31-1 to -41 (1972, as amended through 2006), are required to comply with the requirements of the Forfeiture Act, NMSA 1978, §§ 31-27-1 to -8 (2002), or whether they may instead transfer the cash to the federal...

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