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FREEMAN v. TOWN OF GALLUP

No. 3151.

152 F.2d 273 (1945)

FREEMAN v. TOWN OF GALLUP.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 11, 1945.

Attorney(s) appearing for the Case

H. A. Kiker, of Santa Fe, N. M. (Manuel A. Sanchez, of Santa Fe, N. M., on the brief), for appellant.

A. T. Hannett, of Albuquerque, N. M. (John R. Scanlon, of Gallups, N. M., and M. C. Mechem, of Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

This was an action instituted in the United States Court for New Mexico by Marion Freeman against the Town of Gallup. The facts are not in dispute. By conventional proceedings, the municipality created a street improvement district, levied an assessment against the abutting property, and issued paving bonds payable out of the proceeds of the assessment. Unless the owner of the property paid the assessment in full within thirty days after it...

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