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CAL-M, INC. v. McMANUS

No. 7454.

385 P.2d 954 (1963)

73 N.M. 91

CAL-M, INC., a corporation, Petitioner, v. The Honorable John B. McMANUS, Jr., District Judge, Second Judicial District, Division I, in and for the County of Bernalillo, State of New Mexico, and District Court, Second Judicial District, in and for the County of Bernalillo, State of New Mexico, Respondents.

Supreme Court of New Mexico.

October 7, 1963.

Attorney(s) appearing for the Case

Roy F. Miller, Jr., Albuquerque, for petitioner.

Earl E. Hartley, Atty. Gen., Boston Witt, Thomas A. Donnelly, Asst. Attys. Gen., Santa Fe, Alexander F. Sceresse, Dist. Atty., Second Judicial Dist., Albuquerque, for respondents.

CARMODY, Justice.

This is an original proceeding in prohibition, which arises by reason of the following circumstances.

On July 15, 1963, John F. Otero, the labor commissioner for the state of New Mexico, filed a complaint in attachment, seeking to recover certain wage claims that had been assigned to him by employees of the Franciscan Hotel in Albuquerque. The original complaint was against a corporation entitled El Rancho, Inc., but the complaint was shortly...

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