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CROWE v. STATE EX REL. McCULLOCH

No. 9089.

480 P.2d 691 (1971)

Bishop Lester CROWE, Pentecostal Lighthouse Church, also known as Pentecostal Gospel Lighthouse Church, Apostolic World Churches, Inc., J.B. Tidwell, James F. Blaine, Ivey D. Massey and F. Ray Smith, Plaintiffs-Appellants, v. STATE of New Mexico, ex rel. L.A. McCULLOCH, Jr., Director of Liquor Control, Bureau of Revenue, and Barber Super Markets, Inc., d/b/a Foodway, Defendants-Appellees.

Supreme Court of New Mexico.

February 8, 1971.

Attorney(s) appearing for the Case

Neal & Neal, Hobbs, Merrill L. Norton, Lovington, for appellants.

Hernandez, Atkinson, Kitts, Kelsey & Hanna, Albuquerque, for Barber's Super Markets, Inc.

James A. Maloney, Atty. Gen., Ray H. Shollenbarger, Jr., Asst. Atty. Gen., Santa Fe, for Bureau of Revenue.

OPINION

OMAN, Justice.

This suit was filed by plaintiffs on February 24, 1969, pursuant to the provisions of § 46-5-16(E), N.M.S.A. 1953 (Repl. Vol. 7, 1966) seeking review of the acts of the Chief of the Division of Liquor Control in connection with the claimed issuance of an additional liquor license within the City of Hobbs. The trial court dismissed plaintiffs' petition on the ground that it fails to state a claim upon which relief can be granted...

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