437 P.2d 165

#### Harold V. GARDENSWARTZ and Carl L. Wheeler, d/b/a H. Cook Sporting Goods Company, and Kenneth Regan, Williams-Howe Hardware Store, United States Fidelity and Guaranty Company, Petitioners, v. The Honorable Edwin L. SWOPE, Judge of the District Court of the Second Judicial District of the State of New Mexico, Respondent.

No. 8577.

Supreme Court of New Mexico.

Feb. 7, 1968.

CHAVEZ, Chief Justice, and NOBLE, MOISE, COMPTON and CARMODY, Justices, concurring.

Ordered that the alternative writ of prohibition heretofore issued herein on January 2, 1968, be and the same is hereby made permanent.