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KOEBER v. APEX-ALBUQ PHOENIX EXPRESS

No. 7144.

380 P.2d 14 (1963)

72 N.M. 4

Robert C. KOEBER and Mela S. Koeber, his wife, Dr. John W. Myers, Sandia Ranch Sanatorium, Julia Tappan, Anne Raymond, Archibald Napier and Vera Napier, his wife, Lloyd L. Goff; Plaintiffs-Appellees, v. APEX-ALBUQ PHOENIX EXPRESS, a corporation, Defendant-Appellant.

Supreme Court of New Mexico.

March 18, 1963.

Attorney(s) appearing for the Case

B.C. Hernandez, Albuquerque, for appellant.

R.F. Deacon Arledge, Albuquerque, for appellees.

NOBLE, Justice.

Apex-Albuq Phoenix Express has appealed from a judgment restraining and enjoining it from constructing, operating or maintaining a truck terminal at the premises known as 7423 Edith Boulevard, N.E. in Albuquerque, New Mexico.

Thirty-one findings of fact were adopted by the trial court, including No. 14

"14. That the entire operation of defendant's present and proposed truck terminal amounts to a nuisance in fact and a nuisance per...

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