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MARTINEZ v. BOARD OF EDUCATION OF VAUGHN MUN. SCH.

No. 9134.

482 P.2d 239 (1971)

82 N.M. 375

Clemente MARTINEZ, Plaintiff-Appellee, v. BOARD OF EDUCATION OF the VAUGHN MUNICIPAL SCHOOLS, Defendant-Appellant.

Supreme Court of New Mexico.

March 15, 1971.

Attorney(s) appearing for the Case

James A. Maloney, Atty. Gen., E.P. Ripley, Sp. Asst. Atty. Gen., Santa Fe, for defendant-appellant.

Donald A. Martinez, Las Vegas, for plaintiff-appellee.

OPINION

McMANUS, Justice.

Defendant Vaughn Municipal School Board appeals from judgment for plaintiff Clemente Martinez in an action for breach of a school bus operator's contract. At issue is the effect of § 77-14-5, N.M.S.A. (1953 Comp.) on the transportation contract between the parties.

Defendant alleges that § 77-14-5(C) became a part of the contract between the parties and gave them the right to terminate the contract when the number...

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