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STATE v. CITY OF HOBBS

No. 6192.

313 P.2d 1053 (1957)

63 N.M. 83

STATE of New Mexico ex rel. Lawrence D. WILSON, Chairman, Public Employees' Retirement Board, Petitioner-Appellant, v. The CITY OF HOBBS and The City Council of The City of Hobbs, New Mexico, Respondents-Appellees.

Supreme Court of New Mexico.

July 25, 1957.

Attorney(s) appearing for the Case

Fred M. Standley, Atty. Gen., Hilario Rubio and Paul L. Billhymer, Asst. Attys. Gen., for appellant.

Donald D. Hallam, Hobbs, for appellees.

McGHEE, Justice.

This is an appeal from a decision below denying a peremptory writ of mandamus to compel the respondents to make remittance for money claimed due the Public Employees' Retirement Board because of the alleged failure of the city to exempt itself from the provisions of the Retirement Act, Ch. 167, Laws of 1947, N.M.S.A. 1953, § 5-5-2 note (Laws 1953, Ch. 162, sections 5-5-1 through 5-5-28, N.M.S.A. 1953).

The trial court found the respondent...

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