 1      IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

 2 MARCELINO REYES,

 3        Plaintiff-Appellant,

 4 v.                                                                 No. 28,502

 5 STATE OF NEW MEXICO
 6 DEPARTMENT OF TRANSPORTATION,

 7        Defendant-Appellee.

 8 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY
 9 James A. Hall, District Judge

10 Donald R. Sears Jr.
11 Albuquerque, NM

12 for Appellant

13 Montgomery & Andrews PA
14 Holly Agajanian
15 Santa Fe, NM

16 for Appellee

17                               MEMORANDUM OPINION

18 SUTIN, Judge.

19        Summary affirmance was proposed for the reasons stated in the notice of

20 proposed summary disposition. No memorandum opposing summary affirmance has

21 been filed and the time for doing so has expired.

22        AFFIRMED.
1      IT IS SO ORDERED.


2                               __________________________________
3                               JONATHAN B. SUTIN, Judge



4 WE CONCUR:



5 _________________________________
6 CELIA FOY CASTILLO, Judge



7 _________________________________
8 MICHAEL E. VIGIL, Judge




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