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SITARZ v. BUCHER

CV No. 83-1911 HB.

652 F.Supp. 95 (1986)

John SITARZ, Estelle Sitarz, and John David Sitarz, Individually and as Assignees of and Successors to the Rights of Northern Electronics, Inc., a Michigan Corporation; and Northern Electronics Inc., a Michigan Corporation, Plaintiffs, v. Harold BUCHER, d/b/a Ace Recovery Service; Mr. Babcock; Paccar Financial Corp., a Washington Corporation; Doug Hall; Robert Waldrop; Ernie Bowen; Deputy Emilio Pena; Lt. Monday Villegas; Clifford C. Gray; Merle Reynolds; Edward Looker; Wayne Ciccotelli; D.O. Smith; Dave Daniels; Jim Clay; Carole Deveney; William Carroll; Martin Vigil, Chief of the New Mexico State Police; Edward Di Matteo, Sheriff of Dona Ana County; Fred C. De La O, Sheriff of Luna County; Arturo Roman, Chief of Police of City of Deming; City of Deming; Dona Ana County; Luna County; the New Mexico State Police; and the State of New Mexico, Defendants.

United States District Court, D. New Mexico.

June 30, 1986.

Attorney(s) appearing for the Case

Sarah E. Bennett, Mark H. Donatelli, Rothstein, Bailey, Bennett & Daly, Santa Fe, N.M., Richard Rosenstock, Chama, N.M., for plaintiffs.

Montgomery & Andrews, P.A., Jeffrey R. Brannen, Katherine A. Weeks, Santa Fe, N.M., for Paccar Financial Corp.

Ralph Wm. Scoggins, El Paso, Tex., E.H. Williams, Las Cruces, N.M., for Bucher d/b/a Ace Recovery # 1.

MEMORANDUM OPINION AND ORDER

BRATTON, Chief Judge.

This matter comes before the court on a motion for summary judgment filed by defendants Jim Clay, Edward Looker, Clifford Gray, Dave Daniels, Wayne Ciccotelli, Merle Reynolds, D.O. Smith, William Carroll and Carole Devaney. The court, having considered the motion, the memoranda and exhibits submitted by the parties in conjunction therewith, and consulted the applicable authorities, concludes that defendants...

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