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78 N.M. 209

Rivera v. Craddock

New Mexico Supreme Court

Decided July 17, 1967

New Mexico Supreme Court · decided 1967-07-17

Relies on Rivera v. Nunn

Decided 1967-07-17

¶1OPINION

NOBLE, Justice.

¶2Alan A. Koff and Lupe P. Rivera, as the Mayor and City Clerk of Lordsburg, New Mexico, have sued out a writ of error seeking review of ’an ex parte peremptory writ of mandamus directing them to issue warrants payable to petitioners by reason of their claimed employment by the city for the month of May, 1966.

¶3The facts in this case are identical with those in the opinion filed this day in Rivera v. Nunn, 78 N.M., 430 P.2d 102, except for the period for which compensation was sought. Upon authority of Rivera v. Nunn, supra, this case is reversed and remanded with direction to the lower court to vacate the ex parte peremptory writ of mandamus and to proceed in a manner not inconsistent with the opinion in that case.

¶4It is so ordered.

CARMODY, J., and RICHARD A. STANLEY, District Judge.
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