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ROYBAL v. CITY OF ALBUQUERQUE

CV No. 85-1616 HB.

653 F.Supp. 102 (1986)

Jeanette ROYBAL, Plaintiff, v. CITY OF ALBUQUERQUE, a municipal corporation, E.L. Hansen, John O'Brien, Ken Keller, Gary Iverson, Gregory Dudley and Jose Armenta, Defendants.

United States District Court, D. New Mexico.

July 1, 1986.

Attorney(s) appearing for the Case

Ira Bolnick, Glass and Fitzpatrick, Albuquerque, N.M., for plaintiff.

John W. Pope, Gail Stewart, Asst. City Attys., Albuquerque, N.M., for defendants.

MEMORANDUM OPINION AND ORDER

BRATTON, Chief Judge.

This matter comes before the court on defendants' motion to dismiss Counts II, III and IV of plaintiff's Complaint for failure to state a claim, and defendants' motion to dismiss Counts V and VI for lack of subject matter jurisdiction. The court, having reviewed the motions and memoranda submitted by the parties in conjunction therewith, and consulted the applicable authorities, concludes that the motions...

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