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APPLICATION OF BROWN

No. 6435.

332 P.2d 475 (1958)

65 N.M. 74

APPLICATION OF M.T. BROWN and C.V. Hoke, Protested by Chester E. Barnett, File P-795. Chester E. BARNETT, Appellee, v. M.T. BROWN and c.v. Hoke, Appellants, S.E. Reynolds, State Engineer of the State of New Mexico, Appellant.

Supreme Court of New Mexico.

On Motion for Rehearing November 24, 1958.

Attorney(s) appearing for the Case

Fred M. Standley, Atty. Gen., Charles D. Harris, J. Lee Cathey, Special Ass't Attys. Gen., for Reynolds.

Hartley, Buzzard & Patton, Clovis, for Brown and Hoke.

Jay T. Morgan, Portales, Smith & Smith, Clovis, Fred C. Tharp, Clovis, for appellee.

LUJAN, Chief Justice.

This case involves an appeal from an order of the State Engineer granting a permit to change the location of a well after such change had already been accomplished.

The case has previously come before us on a procedural point. Application of Brown, 61 N.M. 471, 302 P.2d 735. At the time the opinion was filed in the former appeal, a motion for summary judgment was pending...

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