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TRUJILLO v. DeBACA

Civ. No. 8382.

320 F.Supp. 1038 (1970)

Gilbert TRUJILLO and Tino Montoya, on behalf of themselves and all others similarly situated, Plaintiffs, v. Fernando E. C. DeBACA, Commissioner, New Mexico Department of Motor Vehicles and Eloy Tapia, Director of the Financial Responsibility Section of the New Mexico Department of Motor Vehicles, Defendants.

United States District Court, D. New Mexico.

December 23, 1970.

Attorney(s) appearing for the Case

John T. Dunn, Joseph T. Sprague and Richard C. Bosson, of counsel, Albuquerque, N. M., for plaintiffs.

Sidney S. Jaffe, Sp. Asst. Atty. Gen., Santa Fe, N. M., for defendants.

Before SETH, Circuit Judge, and PAYNE and BRATTON, District Judges.

MEMORANDUM OPINION AND JUDGMENT

BRATTON, District Judge.

A three-judge court has been convened to consider the complaint filed herein by Gilbert Trujillo and Tino Martinez on behalf of themselves and all others similarly situated. The class action seeks to have declared unconstitutional N.M. Stat. Ann. §§ 64-24-45, 64-24-50 (1953) (Suppl.1969), which are provisions of the financial responsibility act applicable to the owners or operators of motor...

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