MUNROE v. WALL

No. 6496.

340 P.2d 1069 (1959)

66 N.M. 15

Dr. D. R. MUNROE and Dr. Marion B. Munroe, Plaintiffs-Appellants, v. J. Embry WALL, Gordon K. Greaves, T. E. Mears, Jr., Billy Schumpert and L. D. Hays, as Members of the Board of Trustees of the Roosevelt General Hospital, Defendants-Appellees.

Supreme Court of New Mexico.

June 26, 1959.


Attorney(s) appearing for the Case

C. Melvin Neal, Hobbs, Hartley, Buzzard & Patton, Clovis, for appellants.

Frank B. Zinn, Atty. Gen., Robert F. Pyatt, Fred M. Calkins, Jr., Asst. Attys. Gen., James C. Compton, Dist. Atty., Portales, for appellees.


CARMODY, Justice.

Appellants seek a reversal of the action of the trial court in dismissing their complaint in a case filed under the Declaratory Judgment Act, 1953 Comp. § 22-6-1 et seq., seeking a judicial declaration of the legality of a regulation promulgated by the Board of Trustees of the Roosevelt General Hospital, appellees here.

The trial court sustained appellees' motion to dismiss, on the ground that the complaint failed to state a cause of...

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