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STATE v. MUNOZ

No. 7233.

383 P.2d 268 (1963)

72 N.M. 310

STATE of New Mexico ex rel. H.G. ERVIEN, Petitioner-Appellant, v. Edward MUNOZ, Robert C. Noe, Edwin S. Knight, D.E. Chalk, Floyd W. Ratliff, Chairman and Members of the Board of Trustees of the Town of Gallup, New Mexico, and Town of Gallup, New Mexico, a municipal corporation, Respondents-Appellees.

Supreme Court of New Mexico.

June 24, 1963.

Attorney(s) appearing for the Case

Botts, Botts & Mauney, Gerald R. Cole, Albuquerque, for appellant.

Albert O. Lebeck, Jr., Gallup, for appellees.

CARMODY, Justice.

This is an appeal from summary judgment granted by the District Court of McKinley County.

Appellant formerly was the town manager of the Town of Gallup, having been appointed to the position on June 1, 1958. On May 3, 1960, a new board of trustees for the town was elected, and on May 12th they named another as temporary manager for the town. Appellant remained on the job, nevertheless, until May 16, 1960, when, in accordance with the town...

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