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BAUR v. SMITH

No. CIV 07-560 LFG/WDS.

572 F.Supp.2d 1258 (2007)

Bennett J. BAUR, as Personal Representative of the Estate of Laura McNaughton, Deceased; Maria Beardmore and David Beardmore; Madalin Corine McNaughton, a Minor, and Kelsey Paige McNaughton, a Minor, Plaintiffs, v. James SMITH, and The United States of America, d/b/a La Casa De Buena Salud, d/b/a La Casa Family Health Center Dental Clinic, Defendants, and Farm Bureau Financial Services, Plaintiff-In-Intervention, v. Bennett J. Baur, as Personal Representative of the Estate of Laura McNaughton, Deceased; Maria Beardmore and David Beardmore; Madalin Corine McNaughton, a Minor, and Kelsey Paige McNaughton, a Minor, Defendants-In-Intervention.

United States District Court, D. New Mexico.

November 19, 2007.

Attorney(s) appearing for the Case

Corbin Hildebrandt, Corbin Hildebrandt, P.C., Albuquerque, NM, for Plaintiffs.

Jan Elizabeth Mitchell, United States Attorneys Office, Albuquerque, NM, for Defendants.

Elaine R. Dailey, Ronald J. Childress, Klecan & Childress, Albuquerque, NM, for Plaintiff-In-Intervention.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT UNITED STATES' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AND REMANDING ACTION TO STATE COURT

LORENZO F. GARCIA, United States Chief Magistrate Judge.

THIS MATTER comes before the Court on the Motion [Doc. 4] of Defendant United States of America ("United States") to dismiss with prejudice Plaintiffs' Amended Complaint or, in the alternative, for summary judgment.

Plaintiffs in this action are...

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