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STATE EX REL. ANAYA v. JARAMILLO

No. 12023.

593 P.2d 58 (1979)

92 N.M. 617

STATE of New Mexico ex rel. Toney ANAYA, Attorney General. Plaintiff-Appellant, v. Carlos JARAMILLO, Director, Department of Alcoholic Beverage Control; et al., Defendants-Appellees.

Supreme Court of New Mexico.

April 2, 1979.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Ralph W. Muxlow, II, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Gallegos & Benavidez, Edward F. Benavidez, Santa Fe, for Jaramillo.

Booker Kelly, Santa Fe, for Seim.

David L. Norvell, Albuquerque, for Vigil.

OPINION

FEDERICI, Justice.

This case arose through the filing of a declaratory action in the District Court of Santa Fe County by the State of New Mexico (State) against the Director of the Department of Alcoholic Beverage Control (Department) and others, to set aside a transfer of a liquor license. The license had been transferred from within the five-mile buffer zone to a location outside that five-mile buffer zone but within the county. No transfer to...

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