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NALL v. BACA

No. 12916.

626 P.2d 1280 (1980)

95 N.M. 783

Lancett NALL and Maria Dyer, Plaintiffs-Appellants, v. Jim BACA, Director Alcoholic Beverage Control Department of the State of New Mexico, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied January 21, 1981.

Attorney(s) appearing for the Case

Dennis R. Francish, Albuquerque, for plaintiffs-appellants.

Jeff Bingaman, Atty. Gen., Vernon O.M. Henning, Asst. Atty. Gen., Santa Fe, for defendant-appellee.

Bernard D. Morley, Denver, Colo., amicus curiae.

OPINION

FEDERICI, Justice.

This is a suit for declaratory judgment to declare Section 30-9-14.1, N.M.S.A. 1978 (Cum.Supp. 1980) (Indecent Dancing Statute) unconstitutional, and for injunctive relief. The suit was brought by the owner of a licensed liquor establishment (Nall) and a female nude dancer employee against the State Liquor Director (Baca) in the District Court of Santa Fe County. Following trial, the trial court denied Nall's requested relief and...

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