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STATE v. HARTMAN

No. 7034.

367 P.2d 918 (1961)

69 N.M. 419

STATE OF New Mexico ex rel. Carroll J. LEE, EXECUTIVE Director of the Oil and Gas Accounting Commission, Relator, v. Edward M. HARTMAN, Director of the Department of Finance and Administration, Respondent.

Supreme Court of New Mexico.

December 19, 1961.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Boston E. Witt and Oliver E. Payne, Asst. Attys. Gen., for relator.

Modrall, Seymour, Sperling, Roehl & Harris, Daniel A. Sisk, Albuquerque, for respondent.

MOISE, Justice.

This is an original proceeding in mandamus wherein Relator seeks a determination of whether Respondent as director of the department of finance and administration, hereinafter referred to as department of finance is legally empowered to reduce the budget of the Oil and Gas Accounting Commission, hereinafter referred to as Commission, so as to provide for the expenditure of a lesser amount than was appropriated to the Commission for fiscal year 1961...

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