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GALLUP GAMERCO COAL COMPANY v. IRWIN

No. 9563.

515 P.2d 1277 (1973)

85 N.M. 673

GALLUP GAMERCO COAL COMPANY, a corporation, Plaintiff-Appellee and Cross-Appellant, v. Ray IRWIN, Mayor, Paul J. McCollum, James Nechero, Dr. E.M. Iverson, Raymond Kauzlarich, Members of the City Commission of Gallup, New Mexico, and the City of Gallup, New Mexico, a municipal corporation, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

November 9, 1973.

Attorney(s) appearing for the Case

Branch, Dickson & Dubois, Albuquerque, for defendants-appellants.

Hannett, Hannett, Cornish & Barnhart, Albuquerque, for plaintiff-appellee.

OPINION

MONTOYA, Justice.

This is an appeal from a judgment awarding damages to plaintiff-appellee Gallup Gamerco Coal Company (appellee) for the failure of defendant-appellant City of Gallup (appellant) to supply an adequate amount of water to appellee. Appellee cross appeals for damages for expenses in repairing the water well, which is the subject of this controversy, and for equitable relief to require appellant to comply with the terms of the lease...

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