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BARBER'S SUPER MARKETS, INC. v. CITY OF GRANTS

No. 8762.

458 P.2d 785 (1969)

80 N.M. 533

BARBER'S SUPER MARKETS, INC., Plaintiff-Appellee, v. CITY OF GRANTS, New Mexico, a municipal corporation, and O. L. McMains, Jr., d/b/a Sanitary Service Company, Defendants-Appellants.

Supreme Court of New Mexico.

September 15, 1969.

Attorney(s) appearing for the Case

C. Verne Hale, Grants, for City of Grants.

W. P. Kearns, Jr., Grants, for McMains.

Hernandez, Atkinson & Kelsey, Albuquerque, for appellee.

OPINION

WATSON, Justice.

Defendant Town (now City) of Grants adopted Municipal Ordinance No. 160 on September 28, 1961. This ordinance granted an exclusive franchise to defendant O.L. McMains, Jr., to collect, remove, and dispose of garbage from premises located within the corporate limits and set the rates he could charge for his services. It defined "garbage" as including "waste paper, trash, rubbish, and waste or unwholesome materials of every kind and...

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