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VILLAGE OF DEMING v. HOSDREG COMPANY

No. 6023.

303 P.2d 920 (1956)

62 N.M. 18

The VILLAGE OF DEMING, New Mexico, a municipal corporation, and George A. Dowdle, Mayor of the Village of Deming, New Mexico, and William Burt, Ed Babers, George Whittenberg and Ernest Flores, Constituting the Board of Trustees of the Village of Deming, New Mexico, in their official capacities respectively as such, Plaintiffs-Appellees, v. The HOSDREG COMPANY, Inc., a New Mexico Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

November 20, 1956.

Attorney(s) appearing for the Case

Garland & Sanders, Las Cruces, for appellant.

Seth & Montgomery, William R. Federici, Santa Fe, Bert E. Newland, Deming, for appellees.

Joe W. Wood, Farmington, James V. Noble, Las Vegas, T.E. Lusk, Carlsbad, W. F. Kitts, Albuquerque, Brenton & Boyce, Carrizozo, F.S. Merriau, Raton, amici curiae.

PER CURIAM.

Upon consideration of this case on rehearing the Court has decided to withdraw the opinion on file and substitute the following therefor:

SADLER, Justice.

We are called upon to decide in reviewing the judgment entered in an action for declaratory judgment whether L. 1955, c. 234, and Ordinance No. 251 of the Village of Deming, Luna County, New Mexico, enacted pursuant thereto, are valid in view of numerous constitutional objections raised...

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