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McKINLEY v. ALAMOGORDO MUNICIPAL SCHOOL DIST. AUTH.

No. 8723.

465 P.2d 79 (1969)

81 N.M. 196

E. D. McKINLEY, Wayne Phelps, Ollie A. Davis, S. W. Atkins, John C. Rolland, L. E. Cozby, and Charles Herrell, Plaintiffs-Appellees, v. ALAMOGORDO MUNICIPAL SCHOOL DISTRICT AUTHORITY, a non-profit corporation, Travis Stovall, K. C. Garland, Quinton Daniel, Margaret Arnold, L. L. Stough, and Kenneth Wallin, as members of the Board of Directors of the Alamogordo Municipal School District Authority, Defendants-Appellants, Alamogordo Municipal School District No. 1, and K. C. Garland, Travis Stovall, Quinton Daniel, Margaret Arnold, L. L. Stough, and Kenneth Wallin, as the School Board and governing body of the Alamogordo Municipal School District No. 1, and New Mexico State Board of Education, Intervening Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied February 25, 1970.

Attorney(s) appearing for the Case

Shipley & Whorton, Alamogordo, E.P. Ripley, Santa Fe, for appellants.

James R. Crouch, John M. Lenko, Las Cruces, for appellees.

OPINION

MOISE, Justice.

We are here called upon to pass on the validity of a plan to finance construction of a facility for school purposes proposed to be undertaken pursuant to the provisions of ch. 16, §§ 256 to 269, N.M.S.L. 1967 (§§ 77-17-1 to 77-17-14, N.M.S.A. 1953), and known as the School Leasing Law.

This appeal follows a determination by the trial court that appellant, Alamogordo Municipal School District Authority,...

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