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LIMACHER v. SPIVEY

No. 26,770.

198 P.3d 370 (2008)

2008-NMCA-163

Walter Patrick LIMACHER, George Luevano, Wilhelmina H. Luevano, and Joe Sanchez, Plaintiffs-Appellants, v. Jalayne SPIVEY and State of New Mexico, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,353, November 4, 2008.

Attorney(s) appearing for the Case

Peter B. Shoenfeld, P.A., Peter B. Shoenfeld, Santa Fe, NM, for Appellants.

Walz and Associates, Jerry A. Walz, Cedar Crest, NM, for Appellees.

OPINION

KENNEDY, Judge.

{1} Plaintiffs Walter Limacher, George Luevano, Wilhelmina Luevano, and Joe Sanchez appeal from a district court order granting summary judgment to Defendants Jalayne Spivey and The State of New Mexico. The district court granted summary judgment for Defendants on the basis of sovereign immunity. We hold that there is no disputed material fact as to whether an employee of the Office of the State Engineer engaged in conduct...

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