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SUMNER AND MOLESWORTH v. ZIMMERMAN

No. 8224.

420 P.2d 133 (1966)

77 N.M. 148

SUMNER AND MOLESWORTH, a co-partnership, and Hartford Accident and indemnity Co., a corporation, Petitioners, v. Honorable George ZIMMERMAN, Judge of the Third Judicial District in and for the County of Dona Ana, Respondent.

Supreme Court of New Mexico.

November 14, 1966.

Attorney(s) appearing for the Case

Richard C. Civerolo, H.L. Cushing and C. LeRoy Hansen, Albuquerque, for petitioners.

Garland, Martin & Martin, Las Cruces, for respondent.

OPINION

MOISE, Justice.

Except that in Sitta v. Zinn, 77 N.M. 146, 420 P.2d 131, decided this day, a writ of mandamus and prohibition was sought, whereas here petitioners seek only a writ of mandamus, the issues and controlling facts presented are identical. The two cases were argued at the same time.

Judge W.T. Scoggin, the original respondent herein, having retired, the Honorable...

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