LUNG v. JONES

Civ. No. 8314.

322 F.Supp. 1067 (1971)

Lawrence LUNG, Melvin D. Delano, Oscar H. Calderon, James B. Hert, and Fernando Fuentes, on behalf of themselves and other persons similarly situated in the same classes or class of persons, and the Texas Association on New Mexico Income Tax, an unincorporated association, on behalf of itself, its members and other members who have been and will be similarly situated in the same class or classes of persons, Plaintiffs, v. Franklin JONES, individually and in his capacity as Director, Bureau of Revenue, State of New Mexico, and Honorable David F. Cargo, individually and in his capacity as Governor of the State of New Mexico, Defendants.

United States District Court, D. New Mexico.

February 19, 1971.


Attorney(s) appearing for the Case

Fred J. Morton, El Paso, Tex., and John P. Otto, Phoenix, Ariz., for plaintiffs.

Richard J. Smith, Asst. Atty. Gen., Santa Fe, N.M., for defendants.

Before SETH, Circuit Judge, and PAYNE and BRATTON, District Judges.


MEMORANDUM OPINION AND JUDGMENT

SETH, Circuit Judge.

This action was brought by several residents of El Paso, Texas, as members of a class, seeking to enjoin the allegedly unconstitutional collection of New Mexico State income tax. All of the plaintiffs work at the White Sands Missile Range, a federal enclave located in New Mexico. Although plaintiffs reside in Texas and work in the exclusively federal complex at White Sands, they have been subjected to...

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