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PURCELL v. CITY OF CARLSBAD

No. 2404.

126 F.2d 748 (1942)

PURCELL v. CITY OF CARLSBAD.

Circuit Court of Appeals, Tenth Circuit.

March 14, 1942.

Attorney(s) appearing for the Case

Pearce C. Rodey, of Albuquerque, N. M. (Don L. Dickason and William A. Sloan, both of Albuquerque, N. M., on the brief), for appellant.

G. L. Reese, Jr., of Carlsbad, N. M. (James W. Stagner and C. R. Anderson, both of Carlsbad, N. M., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

By appropriate resolutions and ordinance, as authorized and outlined in Sections 90-2301 to 90-2307, NMSA 1929, the City of Carlsbad, New Mexico, appellee herein, created Sanitary Sewer District No. 1 and provided for the construction of a sewage system within the said district. To finance the construction of the improvements authorized by the resolutions, the city by ordinance provided for assessments against the abutting property included...

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