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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO KERRY C. MCDONALD, 3 Plainitff-Appellant, v. NO. A-1-CA-36676 CITY OF GALLUP, 6 Defendant-Appellee, and DAN DIBLE, KLO ABEITA, GEORGE KOZELISKI, JOHNNY GREENE, JR., THOMAS SILVA, JONATHAN PABLO, JONATHAN DAYTON, and GALLUP FIREFIGHTERS ASSOCIATION LOCAL INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (“IAFF LOCAL 4296"), 15 Defendants.

16 APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY Lyndy D. Bennett, District Judge Sidney P. Childress Santa Fe, NM for Appellant Thomas Lynn Isaacson Gallup, NM for Appellee 4 MEMORANDUM OPINION VANZI, Chief Judge.

6 {1} Summary dismissal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary dismissal has been filed and the time for doing so has expired.

9 {2} DISMISSED.

10 {3} IT IS SO ORDERED.

11 __________________________________ 12 LINDA M. VANZI, Chief Judge WE CONCUR:

14 _________________________________ MICHAEL E. VIGIL, Judge

16 _________________________________ J. MILES HANISEE, Judge