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FRANCIS v. ROBERTS

No. 5808.

276 P.2d 739 (1954)

58 N.M. 754

Orval W. FRANCIS, Virgil Boone, and R. N. Williams, Plaintiffs-Appellants, v. M. C. ROBERTS, Mayor, and Less Means, Russell Johnson, Joe Helton, Judge Stone, Councilmen, Defendants-Appellees.

Supreme Court of New Mexico.

November 18, 1954.

Attorney(s) appearing for the Case

Smith & Smith, Clovis, for appellants.

Lewis C. Cox, Jr., Clovis, for appellees.

SEYMOUR, Justice.

Appellants, for themselves and other taxpayers and property owners similarly situated, brought suit seeking to restrain the mayor and town council of Texico, appellees, from proceeding with a paving program addressed to a specific area in the town. The paving program was instituted by the Petition method pursuant to §§ 14-3323 to 14-3334 inclusive, N.M.S.A. 1941.

Appellants made no attack upon the regularity of the proceedings from...

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