LUNG v. O'CHESKEY

No. 8314 Civ.

358 F.Supp. 928 (1973)

Lawrence LUNG et al., Plaintiffs, v. Fred L. O'CHESKEY, Individually and in his capacity as Director, Bureau of Revenue of the State of New Mexico, et al., Defendants.

United States District Court, D. New Mexico.

April 9, 1973.


Attorney(s) appearing for the Case

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

David L. Norvell, Atty. Gen., Mark B. Thompson, III, Santa Fe, N. M., Richard J. Smith, Asst. Attys. Gen., Victor R. Ortega, U. S. Atty., James B. Grant, Asst. U. S. Atty., Albuquerque, N. M., and Charles E. Stratton, Trial Atty., Tax Bureau, U. S. Dept. of Justice, Washington, D. C., for defendants Landis & Shultz & United States; James Bryce, Bureau of Revenue, Santa Fe, N. M., for Bureau of Revenue of State of N. M., John C. Cook, Santa Fe, N. M., for defendants O'Cheskey & King.

Iden & Johnson, Albuquerque, N. M., for Raytheon Co.

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


MEMORANDUM OPINION AND JUDGMENT

PER CURIAM.

This civil rights action was filed in 1969 by several residents of El Paso, Texas, as representatives for a class, seeking to enjoin the allegedly unconstitutional collection of New Mexico state income tax from their pay. They have been subjected to the New Mexico tax due to their employment at White Sands Missile Range, a federal enclave located in New Mexico. On February 19, 1971, the action was dismissed by...

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