LUNG v. O'CHESKY

No. 12780.

617 P.2d 1317 (1980)

94 N.M. 802

Lawrence LUNG et al., Plaintiffs-Appellants, v. Fred L. O'CHESKY et al., Defendants-Appellees.

Supreme Court of New Mexico.

October 8, 1980.


Attorney(s) appearing for the Case

Calhoun, Morton, Deason & Preslar, Fred J. Morton, Charles A. Deason, Jr., El Paso, Tex., John P. Otto, Phoenix, Ariz., for plaintiffs-appellants.

Jeff Bingaman, Atty. Gen., Sarah Bennett, Asst. Atty. Gen., Santa Fe, for appellees.


OPINION

SOSA, Chief Justice.

This action was begun in the district court of Santa Fe County. Plaintiffs are Texas residents and employees of the federal enclave known as White Sands Missile Range. They brought suit individually and as a class alleging that the New Mexico Income Tax is unconstitutional as applied to them, and seeking declaratory and injunctive relief, as well as a refund of monies already paid. The trial court dismissed the third claim by...

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