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McMURTRY v. CITY OF RATON

No. 6601.

347 P.2d 168 (1959)

66 N.M. 277

Lee McMURTRY, Plaintiff-Appellee, v. CITY OF RATON, New Mexico, a Municipal Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

November 25, 1959.

Attorney(s) appearing for the Case

William H. Darden, Raton, for appellant.

William P. Kearns, Jr., Grants, John B. Wright, Raton, for appellee.

COMPTON, Justice.

This is the second time this case had reached us on appeal. McMurtry v. City of Raton, 64 N.M. 117, 325 P.2d 707. We restate the facts upon which the action is based:

"During the month of February, 1956, the City of Raton, by its council, determined to construct a swimming pool to replace its former one which had been condemned for public use by the New Mexico Department of...

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