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STATE v. SWOPE

No. 6054.

296 P.2d 751 (1956)

61 N.M. 144

STATE of New Mexico, ex rel. Mrs. V. F. ADAIR and G. T. Rea, Petitioners, v. The Honorable Edwin L. Swope, Judge of Division Three of the District Court of the Second Judicial District of the State of New Mexico, Respondent.

Supreme Court of New Mexico.

April 24, 1956.

Attorney(s) appearing for the Case

Irving E. Moore, Albuquerque, for petitioners.

Richard H. Robinson, Atty. Gen., Fred M. Standley, Asst. Atty. Gen., for respondent.

Grantham, Spann & Sanchez, Albuquerque, for Atchison, T. & S. F. Ry. Co.

COMPTON, Chief Justice.

This is an original proceeding in prohibition to restrain respondent from proceeding further in a Valencia County case, wherein State of New Mexico, ex rel. The Attorney General of New Mexico is plaintiff and Otis Q. Criswell, William H. De Parcq, I.L. Furlow, Sydney J. Hayter and the Atchison, Topeka and Santa Fe Railway Company are defendants, and to compel respondent to rescind an order previously entered by him directing the taking of relators...

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