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LOS ALAMOS SCHOOL BD. v. WUGALTER

No. 75-2000.

557 F.2d 709 (1977)

LOS ALAMOS SCHOOL BOARD, Plaintiff-Appellee, v. Harry WUGALTER, Chief of the Public School Finance Division of the Department of Finance and Administration, Vince Montoya, Director of the Department of Finance and Administration, Leonard J. Delayo, Superintendent of Public Instruction of the State of New Mexico, Jesse D. Kornegay, State Treasurer of the State of New Mexico, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided May 31, 1977.

Rehearing Denied July 27, 1977.

Attorney(s) appearing for the Case

Jeff Bingaman of Campbell & Bingaman, Santa Fe, N. M., for appellants.

Richard C. Minzner of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., (on the brief Robert L. Schwartz, Albuquerque, N. M.), for appellee.

Before LEWIS, Chief Judge and BARRETT and DOYLE, Circuit Judges.

LEWIS, Chief Judge.

Plaintiff school board brought this action in United States District Court for the District of New Mexico challenging one subsection of the New Mexico Public School Finance Act1 on the ground it conflicts with the Atomic Energy Community Act of 1955 ("AECA"), 42 U.S.C. §§ 2301-94, and is therefore unconstitutional under the supremacy clause, U.S. Const. art. VI, cl...

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