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WHORTON v. MR. C'S

No. 15121.

687 P.2d 86 (1984)

Marolyn S. WHORTON, et al., Plaintiffs-Appellants, v. MR. C's, et al., Defendants-appellees. Marolyn S. WHORTON, et al., Plaintiffs-Aappellants, v. WESTERN PALACE RESTAURANT, et al., Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied September 12, 1984.

Attorney(s) appearing for the Case

Jack T. Whorton, Alamogordo, for plaintiffs-appellants.

Keleher & McLeod, Michael L. Keleher, Mark Styles, Albuquerque, Burroughs & Rhodes, F. Randolph Burroughs, Alamogordo, for defendants-appellees.

OPINION

FEDERICI, Chief Justice.

Plaintiffs brought suit in the District Court of Otero County seeking to enjoin defendants from selling wine and beer at restaurants operated by defendants which are situated in the original townsite of Alamogordo. The land titles of all of the parties involved in this case contain negative reciprocal easements, in the form of covenants, which prohibit the sale of alcoholic beverages in places of public resort. The district...

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