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  5. 739 F.Supp. 1462 (1990)
 

ZAINTZ v. CITY OF ALBUQUERQUE

Civ. No. 88-1129 JP.

739 F.Supp. 1462 (1990)

Louis ZAINTZ, Steven Zaintz, and Gary Zaintz, Plaintiffs, v. CITY OF ALBUQUERQUE, and Ken Schultz, Defendants.

United States District Court, D. New Mexico.

April 20, 1990.

Attorney(s) appearing for the Case

Elizabeth E. Simpson, Tomita and Simpson, Albuquerque, N.M., for plaintiffs.

Robert M. White, Paula I. Forney, Asst. City Atty., Albuquerque, N.M., for defendants City of Albuquerque and Ken Schultz.

Janet Clow, White, Koch, Kelly and McCarthy, P.A., Santa Fe, N.M., for City of Albuquerque (for depos. of John Maruffi).

MEMORANDUM OPINION AND ORDER

PARKER, District Judge.

The subject of this Order is defendants' Motion For Summary Judgment filed December 6, 1989. Having considered the motion and accompanying memorandum, the statement of uncontroverted material facts and accompanying exhibits, and the plaintiffs' exhibits and responses thereto, and having consulted the applicable authorities, I find that the motion should be denied.

I. FACTS

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