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COOPER v. ALBUQUERQUE CITY COMMISSION

No. 9774.

518 P.2d 275 (1974)

85 N.M. 786

James T. COOPER, Plaintiff-Appellee and Cross-Appellant, v. ALBUQUERQUE CITY COMMISSION, Consisting of Ray Baca, Harry Kinney, Nancy Koch, Robert Poole and Louis Saavedra, and Ray Baca, Harry Kinney, Nancy Koch, Robert Poole and Louis Saavedra, Individually, Defendants-Appellees, v. Harry D. ROBINS, Defendant-in-Intervention-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

January 18, 1974.

Attorney(s) appearing for the Case

Marron & McKinnon, Melvin L. Robins, Albuquerque, for appellant.

Larry Buchmiller, Albuquerque, for appellee.

OPINION

OMAN, Justice.

Pursuant to a petition filed by plaintiff, the district court issued an alternative writ of mandamus whereby defendants were directed to appear and show cause, if any they had, why they had not conducted an election to recall Intervenor, a municipal judge of the City of Albuquerque.

After a hearing on the merits, the district court entered a judgment commanding that the alternative writ be made permanent; that defendants order...

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