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STATE v. McMANUS

No. 7721.

404 P.2d 106 (1965)

75 N.M. 267

STATE of New Mexico ex rel. CITY OF LAS CRUCES, a municipal corporation, Petitioner (Defendant below or Relator), v. The Honorable John B. McMANUS, designated as Trial Judge in this cause for the Third Judicial District within and for the County of Dona Ana, New Mexico, Respondent, and Seaborn P. Collins, (Plaintiff below) as real party in interest represented by Rufus C. Garland and James T. Martin, Jr., attorneys at law, Las Cruces, New Mexico.

Supreme Court of New Mexico.

July 6, 1965.

Attorney(s) appearing for the Case

John Lenko, Edward E. Triviz, Las Cruces, for petitioner.

Garland & Martin, Las Cruces, for respondent and real party in interest.

MOISE, Justice.

Petitioner here seeks mandamus to require respondent District Judge to dismiss cause No. 16839 on the docket of the district court of Dona Ana County, entitled Seaborn P. Collins v. City of Las Cruces.

The district court action was docketed on January 12, 1961, and an amended complaint was filed January 25, 1961. On February 9, 1961 defendant filed a motion to dismiss the complaint for failure to state a cause of action. Nothing in the record...

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