SMITH v. SOUTHERN UNION GAS CO.

No. 5720.

269 P.2d 745 (1954)

58 N.M. 197

SMITH v. SOUTHERN UNION GAS CO.

Supreme Court of New Mexico.

April 9, 1954.


Attorney(s) appearing for the Case

Hartley & Buzzard, Clovis, for appellant.

Simms & Modrall, Albuquerque, Smith & Smith, Clovis, Willis L. Lea and A.S. Grenier, Dallas, Tex., for appellee.

Richard H. Robinson, Atty. Gen., James B. Cooney, Sp. Atty., Santa Fe, for Public Service Commission, amicus curiae.


McGHEE, Chief Justice.

We have here a case where the operator of a cafe and tourist court in Clovis, New Mexico, sought an injunction to prevent the turning off of gas at his place of business because of his refusal to pay, as he says, more for gas than other customers of the defendant in the same or similar circumstances, and contending he should have been charged under Schedule 51 instead of Schedule 29 under which he was charged, which latter schedule carried a...

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