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STATE EX REL. MALONEY v. SIERRA

No. 8964.

477 P.2d 301 (1970)

82 N.M. 125

STATE of New Mexico ex rel., James A. MALONEY, Attorney General, Plaintiff-Appellant, v. David R. SIERRA (Substituted for L.A. McCulloch, Jr.), Director, Department of Alcoholic Beverage Control, Defendant-Appellee.

Supreme Court of New Mexico.

November 23, 1970.

Attorney(s) appearing for the Case

James A. Maloney, Atty. Gen., Richard J. Smith, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Frank P. Dickson, Jr., Albuquerque, for defendant-appellee.

OPINION

McKENNA, Justice.

The Attorney General filed a declaratory judgment action under our §§ 22-6-1 to 22-6-3, N.M.S.A. 1953, against the Director of the Department of Alcoholic Beverage Control. He sought a ruling (1) that ch. 280, Laws 1969, signed by the Governor on April 7, 1969 (§§ 46-10-14.1, 46-10-14.5, N.M.S.A. 1953 [1969 Supp.]), is unconstitutional; (2) that ch. 216, Laws 1969, signed by the Governor on April 3, 1969, not...

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