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STUCKEY'S STORES, INC. v. O'CHESKEY

No. 11946.

600 P.2d 258 (1979)

93 N.M. 312

STUCKEY'S STORES, INC., a Delaware Corporation, Individually and as Representative on behalf of its Franchisees in the State of New Mexico, George Bassett, Robert B. Gottlieb and Shelby C. Phillips, Jr., Plaintiffs-Appellants, v. Fred O'CHESKEY, Chief Highway Administrator, State Highway Department, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied September 11, 1979.

Attorney(s) appearing for the Case

Olmsted & Cohen, Charles D. Olmsted, G. Gary Duncan, Santa Fe, for plaintiffs-appellants.

Jeff Bingaman, Atty. Gen., V. Henry Rothschild, Stephen S. Hamilton, Asst. Attys. Gen., State Highway Dept., Santa Fe, for defendant-appellee.

Sutin, Thayer & Browne, Raymond W. Schowers, NMCLU, Albuquerque, amicus curiae.

OPINION

SOSA, Chief Justice.

The questions we address in this appeal are:

1) Does the New Mexico Highway Beautification Act, §§ 67-12-1 to 14, N.M.S.A. 1978 (hereinafter referred to as the Act), abridge plaintiffs' freedom of speech in violation of the first1 and fourteenth amendments2 to the United States Constitution and Article II, &...

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