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FOSS v. U.S.

No. 88-759-M Civil.

705 F.Supp. 537 (1989)

Sheri FOSS and Rod Foss, Plaintiffs, v. UNITED STATES of America and Professional Properties, a Partnership, Defendants.

United States District Court, D. New Mexico.

February 9, 1989.

Attorney(s) appearing for the Case

Randall S. Roberts, Farmington, N.M., for plaintiffs Sheri Foss and Rod Foss.

William L. Lutz, U.S. Atty., and Douglas C. Henson, Asst. U.S. Atty., Albuquerque, N.M., for defendant U.S.

H.R. Thomas, Sager, Curran, Sturges & Tepper, P.C., Albuquerque, N.M., for defendant Professional Properties.

MEMORANDUM OPINION AND ORDER

MECHEM, Senior District Judge.

This matter came on for consideration on defendant United States of America's (United States) motion to dismiss or in the alternative for summary judgment. Having considered the motion, the response, the material submitted by the parties, and being otherwise fully advised in the premises, I find that the motion is well taken in part and it will be granted in part and denied in part.

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