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NORTON v. BOARD OF ED. OF SCH. DIST. NO. 16, ETC.

No. 10707.

553 P.2d 1277 (1976)

89 N.M. 470

Cindy Lee NORTON and Jon Dwayne Norton, by their guardian and next friend, Virgil L. Welch, on behalf of themselves and as representatives for all students similarly enrolled in the elementary and secondary schools of the Hobbs Municipal Schools, Plaintiffs-Appellants and Cross-Appellees, v. BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 16, HOBBS MUNICIPAL SCHOOLS, said Board Consisting of Jack D. Mussett, D.A. Cochran, Dale Cooper, Mrs. W.D. (Pat) Richards, and Bob Whitten, and the Superintendent of the Hobbs Municipal Schools, Nelson Tydings, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

August 20, 1976.

Attorney(s) appearing for the Case

Branch & Branch, Albuquerque, Gallegos & Welch, W.D. Welch, Tucumcari, for appellants.

Warren F. Reynolds, Hobbs, for appellees.

OPINION

McMANUS, Justice.

This suit was brought in the District Court of Lea County as a class action to declare those fees collected from students by the Hobbs Municipal Schools as contrary to the Constitution of the State of New Mexico which requires in Article XII, § 1, that "[a] uniform system of free public schools sufficient for the education of, and open to, all the children of school age in the state shall be established and maintained;" to...

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