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ALBUQUERQUE MET. ARROYO FLOOD CON. A. v. SWINBURNE

No. 7614.

394 P.2d 998 (1964)

74 N.M. 487

ALBUQUERQUE METROPOLITAN ARROYO FLOOD CONTROL AUTHORITY, Petitioner-Appellee, v. Bernard H. SWINBURNE, Secretary-Treasurer of Albuquerque Metropolitan Arroyo Flood Control Authority, Defendant-Appellant, R.D. Borden, Dr. T.L. Carr, Nat G. Capeless and John E. McNerney, Intervenors-Appellants.

Supreme Court of New Mexico.

August 24, 1964.

Attorney(s) appearing for the Case

Thomas O. Olson, Philip R. Ashby, Albuquerque, for appellants.

Albert T. Ussery, Peter Gallagher, Albuquerque, for appellee.

NOBLE, Justice.

The appellee, Albuquerque Metropolitan Arroyo Flood Control Authority, was created and organized under and in compliance with Ch. 311, Laws of 1963, §§ 75-36-1 to 103, N.M.S.A. 1953, and pledged its cooperation with the United States in flood control of the area within its boundaries. Its directors were duly appointed by the Governor of the State of New Mexico and, pursuant to the Act, were then regularly elected. A $9,500,000.00 bond issue...

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