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SEAY BROS., INC. v. CITY OF ALBUQUERQUE

No. Civ. 83-694 BB.

601 F.Supp. 1518 (1985)

SEAY BROTHERS, INC., Plaintiff, v. CITY OF ALBUQUERQUE, et al., Defendants.

United States District Court, D. New Mexico.

February 7, 1985.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., John P. Eastham and Diane Fisher, Albuquerque, N.M., Blecher, Collins & Weinstein, Robert G. Badal, Los Angeles, Cal., for plaintiff.

Malcolm W. DeVesty, Asst. City Atty., Albuquerque, N.M., for defendants.

Modrall, Sperling, Roehl, Harris & Sisk, Allen C. Dewey, Jr., Albuquerque, N.M., for Albuquerque Nat. Bank, deponent.

Squire, Sanders & Dempsey, Donald A. Wall, Phoenix, Ariz., for City of Albuquerque, a municipal corp., Harry E. Kinney, an individual and Mayor of the City of Albuquerque, and Frank A. Kleinhenz, an individual and Chief Administrative Officer of the City of Albuquerque.

MEMORANDUM OPINION AND ORDER

BALDOCK, District Judge.

THIS MATTER comes on for consideration of defendants' Motion to Dismiss, filed July 15, 1983. The court, having considered the memoranda submitted by the parties, the relevant law, and otherwise being apprised fully in the premises, finds that the motion is well taken and should be granted.

Defendants move this court to dismiss plaintiff's cause of action under Fed.R. Civ.P. 12(b)(6) for failure...

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