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SUNSET PACKAGE STORE, INC. v. CITY OF CARLSBAD

No. 8556.

442 P.2d 572 (1968)

79 N.M. 260

SUNSET PACKAGE STORE, INC., E. L. Dunagan, d/b/a Shade Western Lounge and Package Store, Murle Cox, d/b/a the Sands, Edward L. Green, d/b/a Rex Bar and Mint Bar, Imogene Whitfield Trussell, d/b/a Owl Package Store, Jake Hollen, d/b/a Hi-Way Package Store, Canal Liquor Store, Inc., Jack Kasem, d/b/a Melody Club, Jerry Grotewold, d/b/a Jerry's Package Store, Clarence E. Small, d/b/a Downtown Club, and Crawford-Carlsbad, Inc., Plaintiffs-Appellees, v. CITY OF CARLSBAD, A Municipal Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

June 17, 1968.

Attorney(s) appearing for the Case

Stephen L. ReVeal, Carlsbad, for appellant.

Frank M. Mims, Albuquerque, amicus curiae.

Lon P. Watkins, C.N. Morris, Carlsbad, for appellees.

OPINION

COMPTON, Justice.

This is an appeal from a summary judgment. The complaint alleged that the defendant had failed to pass an ordinance imposing a lawful license tax for the tax period beginning July 1, 1967, in accordance with the provisions of § 46-4-2, N.M.S.A. 1953. The defendant answered and, upon consideration of appellees' motion, the pleadings and the deposition of the Mayor of the City of Carlsbad, the court granted summary judgment,...

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