STATE HIGHWAY COM'N v. SOUTHERN UNION GAS CO.

No. 6425.

332 P.2d 1007 (1958)

65 N.M. 84

STATE HIGHWAY COMMISSION of New Mexico, and L.D. Wilson, Chief Highway Engineer, Plaintiffs-Appellants, v. SOUTHERN UNION GAS COMPANY, a Delaware Corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied December 30, 1958.

Leave to File Second Motion for Rehearing Denied February 3, 1959.


Attorney(s) appearing for the Case

Fred M. Standley, Atty. Gen., Robert F. Pyatt, Asst. Atty. Gen., John T. Watson, Charles C. Spann, Robert E. Fox, Sp. Asst. Attys. Gen., Moise, Sutin & Jones, Albuquerque, for appellants.

Willis L. Lea, Jr., James R. Wetherbee, Dallas, Tex., Manuel A. Sanchez, Santa Fe, Noble & Noble, Las Vegas, for appellee.

Nordhaus & Moses, Albuquerque, and Hartley, Buzzard & Patton, Clovis, Frank L. Horan, Malcolm W. deVesty, Paul F. Henderson, Jr., Thomas N. Keltner, Albuquerque, amici curiae.


SHILLINGLAW, Justice.

This is a declaratory judgment action brought by the State Highway Commission of New Mexico and its Chief Highway Engineer against the Southern Union Gas Company to determine the constitutionality of Chapter 237 of the Laws of 1957, § 55-7-18, N.M.S.A. 1953, and the obligation of the Highway Commission, if any, to reimburse the defendant for the cost of relocating its gas lines required because of the widening and improving of a state highway...

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