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O'BRIEN v. MITCHELL

No. CIV 11-0409 JB/WDS.

883 F.Supp.2d 1055 (2012)

Dennis O'BRIEN and Board of County Commissioners of the County of Santa Fe, Plaintiffs, v. David E. MITCHELL, Personal Representative of the Estate of Walter Mitchell, Defendant.

United States District Court, D. New Mexico.

July 21, 2012.

Attorney(s) appearing for the Case

Michael Dickman Santa Fe, NM, for Plaintiffs.

Santiago E. Juarez , Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Plaintiffs' Motion for Summary Judgment, filed April 13, 2012 (Doc. 27)("MSJ"). The Court held a hearing on May 18, 2012. The primary issues are: (i) whether Walter Mitchell committed perjury in the damages trial in Mitchell v. City of Santa Fe, No. CIV 05-1155 (D.N.M.), held on December 10, 2007; and (ii) whether, because...

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