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STATE v. SCARBOROUGH

No. 8168.

429 P.2d 330 (1967)

78 N.M. 132

STATE ex rel. CLINTON REALTY COMPANY, a corporation, Petitioner, v. Hon. James M. SCARBOROUGH, District Judge, the District Court of the First Judicial District of the State of New Mexico, Gavin Maloof & Co., New Mexico Selling Company, Richard Distributing Company, Southwest Distributing Company, State Distributors, Inc., the Pecos Sales Company, Max M. Gonzales, Commissioner, Bureau of Revenue of the State of New Mexico, Joseph a. Armijo, Chief of Division of Liquor Control of the Bureau of Revenue of the State of New Mexico, and Arthur Sanchez, Chief Liquor Auditor, Division of Liquor Control of the Bureau of Revenue of the State of New Mexico, Respondents.

Supreme Court of New Mexico.

June 30, 1967.

Attorney(s) appearing for the Case

Lynell G. Skarda, Clovis, for petitioner.

Boston E. Witt, Atty. Gen., Tom Overstreet, Asst. Atty. Gen., Santa Fe, for Joseph A. Armijo.

Ben F. Roybal, Albuquerque, for Max M. Gonzales.

O.R. Adams, Jr., Albuquerque, for Wholesalers.

OPINION

NOBLE, Justice.

A mortgage covering the Holiday Inn Motel located in Clovis was foreclosed in an action in the Curry County district court. In connection with this foreclosure, the court's receiver took possession of a liquor dispenser's license held in the name of the motel's former owners, Leon and Ruth Beaver, and sold it together with the motel property to Clinton Realty Company. Creditors of Leon and Ruth Beaver, in connection with their operation...

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