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STATE v. CITY OF AZTEC

No. 8125.

424 P.2d 801 (1967)

77 N.M. 524

STATE of New Mexico ex rel. New Mexico State Highway Commission, Plaintiff-Appellant, v. CITY OF AZTEC, New Mexico, a municipal corporation, Defendant-Appellee.

Supreme Court of New Mexico.

March 6, 1967.

Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Joseph L. Droege, George E. McDevitt, Sp. Asst. Attys. Gen., for appellant.

Clement Koogler, Aztec, for appellee.

OPINION

SPIESS, Judge, Court of Appeals.

The State Highway Commission of New Mexico has appealed from a judgment dismissing a complaint filed by it against the City of Aztec, New Mexico. We will refer to the parties as the "Commission" and the "City."

The sole question presented by this appeal is whether the conditions imposed by Art. IX, § 12 of the Constitution of New Mexico upon the debt contracting power of a city apply to the incurring...

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