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DiGESU v. WEINGARDT

No. 11578.

575 P.2d 950 (1978)

91 N.M. 441

Mario DiGESU and Catherine DiGesu, Plaintiffs-Appellees, v. Wilfred WEINGARDT, Defendant-Appellant.

Supreme Court of New Mexico.

March 14, 1978.

Attorney(s) appearing for the Case

Wollen & Segal, Sylvain Segal, Jr., Albuquerque, for defendant-appellant.

Branch & Coleman, Turner W. Branch, Arthur H. Coleman, Rhonda P. Backinoff, Albuquerque, for plaintiffs-appellees.

OPINION

EASLEY, Justice.

Mario DiGesu and Catherine DiGesu, plaintiffs-appellees, (DiGesu) brought a declaratory judgment action against Wilfred Weingardt, defendant-appellant, (Weingardt) to void a partial lease of a liquor license. The trial court granted summary judgment for DiGesu. Weingardt appeals. We affirm.

Issue

The issue is whether the parties, in splitting the liquor license and operating separate establishments on adjoining...

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