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BALIZER v. SHAVER

No. 9001.

475 P.2d 319 (1970)

Kenneth BALIZER and Arthur Bazan, a minor, by his next friend isauro Bazan, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Paul W. SHAVER, Chief of Police of the City of Albuquerque, New Mexico, Frank Horan, City Attorney of the City of Albuquerque, New Mexico, Richard B. Wilson, City Manager of the City of Albuquerque, New Mexico, pete v. Domenici, Harry Kinney, Charles E. Barnhart, Word H. Payne and Louis E. Saavadra, Members of the City Commission of the City of Albuquerque, New Mexico, the City of Albuquerque, a Municipal Corporation, Raymond Stucker and William Hadaway, Defendants-Appellees.

Supreme Court of New Mexico.

October 9, 1970.

Attorney(s) appearing for the Case

Paul A. Phillips, Albuquerque, for plaintiffs-appellants.

Lynn D. Smith, Jr., Frank M. Mims, Albuquerque, for defendants-appellees.

Rodey, Dickason, Sloan, Akin & Robb, John P. Burton, Albuquerque, for William Hadaway.

OPINION

PER CURIAM.

After this action had been submitted on oral arguments to this court, and without comment on the point by counsel for the parties, we discovered a jurisdictional problem.

Section 16-7-8, N.M.S.A., 1953 Comp. (1969 Supp.) states in part:

"The appellate jurisdiction of the court of appeals is coextensive with the state, and the court has jurisdiction to review on appeal: "A. any civil action which includes a count...

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