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SOUTHWESTERN PUBLIC SERVICE CO. v. CHAVES COUNTY

No. 9426.

512 P.2d 73 (1973)

85 N.M. 313

Petition of Southwestern Public Service Company to Recover Taxes. SOUTHWESTERN PUBLIC SERVICE COMPANY, Petitioner-Appellant, v. CHAVES COUNTY, New Mexico, Respondent-Appellee.

Supreme Court of New Mexico.

July 13, 1973.

Attorney(s) appearing for the Case

Hinkle, Bondurant, Cox & Easton, Paul W. Eaton, Jr., Paul J. Kelly, Jr., Roswell, for petitioner-appellant.

Patrick F. Hanagan, Dist. Atty., Gordon L. Gay, Roswell, for respondent-appellee.

OPINION

STEPHENSON, Justice.

Petitioner-Appellant ("Southwestern") filed suit in Chaves County District Court pursuant to § 72-5-4, N.M.S.A. 1953 for the recovery of certain property taxes paid under protest for the 1970 tax year. The case was tried to the court. After making its decision, the court entered judgment denying relief. Southwestern appealed.

Southwestern is a public utility, producing, transmitting and selling electrical current...

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