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UNITED STATES v. STATE OF NEW MEXICO

No. 75-418-M Civil.

455 F.Supp. 993 (1978)

UNITED STATES of America, Plaintiff, v. STATE OF NEW MEXICO, Bureau of Revenue of the State of New Mexico, and Fred L. O'Cheskey, as Commissioner of Revenue of and for the State of New Mexico and his successors in office, Defendants.

United States District Court, D. New Mexico.

August 4, 1978.

Attorney(s) appearing for the Case

Victor R. Ortega, U. S. Atty., Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N. M., Charles E. Stratton, Trial Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff.

Daniel H. Friedman, Jan E. Unna, Special Asst. Attys. Gen., Santa Fe, N. M., for Bureau of Revenue, defendants.

MEMORANDUM OPINION

MECHEM, District Judge.

This matter is before the Court on cross-motions for summary judgment. The parties are in agreement that there is no genuine issue of material fact, and I find that it is proper to grant summary judgment in favor of the plaintiff on the basis of the law and the affidavits, exhibits, depositions and interrogatories on file in this case. The following shall constitute...

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