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JMB RETAIL PROPERTIES CO. v. EASTBURN

No. 20594.

835 P.2d 831 (1992)

114 N.M. 115

JMB RETAIL PROPERTIES COMPANY, f/k/a JMB Property Company, Petitioner, v. Hon. Benjamin S. EASTBURN, District Judge, Respondent.

Supreme Court of New Mexico.

August 3, 1992.

Attorney(s) appearing for the Case

Montgomery & Andrews, Jeffrey R. Brannen, Joseph E. Earnest, Santa Fe, for petitioner.

Benjamin S. Eastburn, District Judge, pro se.

Sutin, Thayer & Browne, Raymond W. Schowers, Albuquerque, for real party in interest.

Reber Boult, ACLU of New Mexico, Civerolo, Hansen & Wolf, Carl J. Butkus, Albuquerque, amicus curiae, New Mexico Defense Lawyers Ass'n.

Michael Browde, Albuquerque, amicus curiae, New Mexico Trial Lawyers Ass'n.

OPINION

RANSOM, Chief Justice.

JMB Retail Properties Company filed with the clerk of the district court a peremptory election to excuse the Honorable Benjamin S. Eastburn, the district judge before whom was pending a case in which JMB had been sued. See NMSA 1978, § 38-3-9 (Repl.Pamp. 1987) (peremptory challenge to a district judge); SCRA 1986, 1-088.1(B)(2) (defendant's peremptory challenge to a district judge). Judge Eastburn entered an order...

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