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HAMAATSA, INC. v. PUEBLO OF SAN FELIPE

No. 31,297.

310 P.3d 631 (2013)

2013-NMCA-094

HAMAATSA, INC., a New Mexico not-for-profit corporation, Plaintiff-Appellee, v. PUEBLO OF SAN FELIPE, a federally recognized Indian tribe, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, September 20, 2013, No. 34,287.

Attorney(s) appearing for the Case

The Simons Firm, LLP, Thomas A. Simons, IV , Faith Kalman Reyes , Santa Fe, NM, for Appellee.

Samuel D. Gollis , Attorney at Law, P.C., Samuel D. Gollis , Gwenellen P. Janov , Of Counsel, Albuquerque, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} Hamaatsa, Inc. filed an action against the Pueblo of San Felipe seeking a declaration that a road, which crossed Pueblo property that was acquired in fee simple, was a state public road. In an interlocutory appeal, the Pueblo contends that the district court erred in denying the Pueblo's motion to dismiss for lack of subject matter jurisdiction based on sovereign immunity....

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