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COE v. CITY OF ALBUQUERQUE

No. 8512.

440 P.2d 130 (1968)

Ralph M. COE and Wilhelmina N. Coe, Petitioners-Appellants, v. The CITY OF ALBUQUERQUE, a municipal corporation, and the City Commission of Albuquerque, New Mexico, and its members, Archie Westfall, Luther Hellman, Emanuel Schifani, Ralph S. Trigg and Sam Brown, Respondents-Appellees.

Supreme Court of New Mexico.

April 29, 1968.

Attorney(s) appearing for the Case

Oliver B. Cohen, Albuquerque, for petitioners-appellants.

Frank M. Mims, Albuquerque, for respondents-appellees.

OPINION

CHAVEZ, Chief Justice.

This is the second time this cause has been before this court. In the first appeal, Coe v. City of Albuquerque, 76 N.M. 771, 418 P.2d 545, the judgment of the trial court was reversed and the cause remanded with instructions to the trial court to set aside its judgment and:

"* * * (1) enter a new judgment enjoining respondents from enforcing the condition...

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