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GIBNER v. OMAN

Civ. No. 76-630-B.

459 F.Supp. 436 (1977)

Jerry GIBNER, Plaintiff, Kenneth G. Brown, Ancillary Administrator of the Estate of John L. Watson, Deceased, Intervenor, v. The Honorable Lafel E. OMAN, The Honorable John B. McManus, Jr., The Honorable Samuel Z. Montoya, The Honorable Dan Sosa, Jr., and The Honorable Mack Easley, Individually, and as Justices of the Supreme Court of the State of New Mexico, Defendants.

United States District Court, D. New Mexico.

July 11, 1977.

Attorney(s) appearing for the Case

Charles DuMars, Stephen Durkovich, Peter Mallery, Albuquerque, N. M., for plaintiff.

Theodore R. Montoya, Albuquerque, N. M., for intervenor.

Allen C. Dewey, Jr., Albuquerque, N. M., for all defendants.

MEMORANDUM OPINION

BRATTON, Chief Judge.

This action challenges the New Mexico peremptory writ statute as violative of the fourteenth amendment to the United States Constitution.

The action arose initially out of the issuance of a peremptory writ of prohibition directed to a state district court judge by the New Mexico Supreme Court. A complaint in intervention, arising out of the issuance of another such writ to another state district court has...

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