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BALIZER v. SHAVER

No. 579.

481 P.2d 709 (1971)

82 N.M. 347

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, et al., Defendants-Appellees.

Court of Appeals of New Mexico.

February 5, 1971.

Attorney(s) appearing for the Case

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

Frank M. Mims, John P. Burton, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for defendants-appellees.

OPINION

SPIESS, Chief Judge.

This appeal challenges the constitutionality of a so-called vagrancy ordinance of the City of Albuquerque, New Mexico, and likewise presents certain other issues for determination.

The action was brought by two named plaintiffs on their own behalf and on behalf of all others similarly situated. [§ 21-1-1 (23) (a), N.M.S.A. 1953 (Repl.Vol. 4)].

The complaint is in three causes of action. The first seeks a...

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