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AKOPIANTZ v. BOARD OF COUNTY COM'RS OF OTERO COUNTY

No. 6419.

333 P.2d 611 (1958)

65 N.M. 125

Levon A. AKOPIANTZ, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF OTERO COUNTY, New Mexico, W.F. Gage, Ralph Morgan, Eddie Abeyta; Board of Trustees of Otero County Hospital Association, a non-Profit Corporation, Dr. Ernest T. Faigle, Robert W. Hamilton, Opal Haynes, Dan W. King, Mose Cauthen, and Lyle Bishop, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied January 14, 1959.

Attorney(s) appearing for the Case

Moise, Sutin & Jones, Albuquerque, for appellant.

Shipley & Seller, Lalo Garza, Asst. Dist. Atty., Alamogordo, for appellees.

COMPTON, Justice.

Appellant, plaintiff below, appeals from a judgment denying him medical and surgical staff privileges in Gerald Champion Memorial Hospital at Alamogordo.

The decisive question is whether the hospital presently is a public or private hospital. Appellant concedes that if it is a private hospital, he cannot prevail. Our own statutes, §§ 15-48-1 and 15-48-5, 1953 Comp., New Mexico Statutes Annotated,

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