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STATE EX REL. ENVIRONMENTAL v. ALBUQUERQUE PUB.

No. 11344.

571 P.2d 117 (1977)

STATE of New Mexico ex rel. Environmental Improvement Agency, Plaintiff-Appellant, v. ALBUQUERQUE PUBLISHING COMPANY, a New Mexico Corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied November 15, 1977.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Bruce S. Garber, Louis W. Rose, Asst. Attys. Gen., Santa Fe, for plaintiff-appellant.

Johnson, Paulantis and Lanphere, Eric D. Lanphere, Albuquerque, for defendant-appellee.

OPINION

EASLEY, Justice.

The issue of whether state and federal agencies are empowered to conduct non-consensual inspections of business premises for health and safety purposes without search warrants has generated a vast amount of recent litigation in state and federal courts. The matter is now before the United States Supreme Court. Barlow's, Inc. v. Usery, 424 F.Supp. 437 (D.Idaho 1977) (three judge court)...

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