Legal Opinion

Baur v. Smith

District Court, D. New Mexico

Decided November 19, 2007No. CIV 07-560 LFG/WDSPublished

1Opinion of the Court

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 the personal representative of the estate of Laura McNaughton, and the surviving parents and daughters of Ms. McNaughton. On May 23, 2006, Plaintiffs filed a…

2Cases cited23 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
  3. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  4. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  5. David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995

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