GRAHAM v. MIERA

No. 5935.

285 P.2d 493 (1955)

59 N.M. 379

Warren R. GRAHAM d/b/a Warren R. Graham Agency, Plaintiff-Appellant, v. M.F. MIERA, W.S. Roberts, and A.J. Exter, Individually and as the duly appointed, qualified and acting Members of the Employment Security Commission of the State of New Mexico, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied July 21, 1955.


Attorney(s) appearing for the Case

Marron & McRae, Joseph Phil Click, Albuquerque, for appellant.

Claud S. Mann, A.M. Frazier, Albuquerque, for appellees.


McGHEE, Justice.

The Employment Security Commission of New Mexico made an independent investigation and, without a hearing, determined the plaintiff, a real estate broker, was liable for the payment of unemployment tax on salesmen operating out of his office under the provisions of § 59-9-1 et seq., 1953 Compilation. To avoid a levy the commission was threatening to make, the plaintiff paid the taxes assessed and brought suit for a declaratory judgment under...

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