WINSTON v. NEW MEXICO STATE POLICE BOARD

No. 8655.

454 P.2d 967 (1969)

80 N.M. 310

A.P. WINSTON, JR., Plaintiff-Appellee, v. The NEW MEXICO STATE POLICE BOARD and Irving E. Moore, I.D. Worrell, Clay Fultz, Henry Jaramillo and Pilar Sachs, Individually and as members of the New Mexico State Police Board, Defendants-Appellants.

Supreme Court of New Mexico.

June 2, 1969.


Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Santa Fe, David R. Gallagher, Sp. Asst. Atty. Gen., Albuquerque, for appellants.

Grantham, Spann, Sanchez & Rager, Albuquerque, Jones, Gallegos, Snead & Wertheim, Santa Fe, for appellee.


OPINION

NOBLE, Chief Justice.

Pursuant to a regulation adopted by the State Police Board April 26, 1967, effective June 1, 1967, A.P. Winston, then 57 years of age, was involuntarily retired as a state police officer because he had completed thirty years of service. In a declaratory judgment proceeding, the trial court declared the Board to be without lawful authority to require Winston's involuntary retirement prior to his attaining the statutory mandatory...

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