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TORRES v. VILLAGE OF CAPITAN

No. 11567.

582 P.2d 1277 (1978)

92 N.M. 64

Frank TORRES, Ernest Trujillo and Willie Romero, Plaintiffs-Appellants, v. The VILLAGE OF CAPITAN, a Municipal Corporation, Jay Johnston, Mayor, Dick Beck, Norman Renfro, Herman Otero and Valton Hall, members of the Village Trustees, Defendants-Appellees.

Supreme Court of New Mexico.

August 9, 1978.

Attorney(s) appearing for the Case

Steve Herrera, Santa Fe, for plaintiffs-appellants.

Archie Witham, Carrizozo, Rodey, Dickason, Sloan, Akin & Robb, Victor Marshall, Albuquerque, for defendants-appellees.

OPINION

EASLEY, Justice.

Plaintiffs-appellants, Frank Torres, Ernest Trujillo and Ernie Romero (hereinafter Torres) brought suit in the Lincoln County District Court against the Village of Capitan and the Village Trustees (hereinafter Village) seeking to invalidate an annexation of contiguous land by the Village. The court denied Torres' motion for summary judgment on the pleadings and entered judgment on a stipulated record in favor of the Village. Torres...

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