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CARTWRIGHT v. PUBLIC SERVICE COMPANY OF NEW MEXICO

No. 6172.

343 P.2d 654 (1958)

66 N.M. 64

L.J. CARTWRIGHT et al., Plaintiffs-Appellants, v. PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico Corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied May 14, 1959.

On Motion for Rehearing June 1, 1959.

On Second Petition for Rehearing, and Motion to Recall Mandate Denied September 3, 1959.

Attorney(s) appearing for the Case

Hannett, Hannett & Cornish, A.T. Hannett and T.G. Cornish, Albuquerque, David Chavez, Jr., Santa Fe, for appellants.

Noble & Noble, A.T. Rogers, Jr., Donald A. Martinez, Las Vegas, Keleher & McLeod, W.A. Keleher and A.H. McLeod, John B. Tittmann, Albuquerque, Watson, McIntosh & Watson, Santa Fe, for appellee.

Hilton Dickson, Jr., Atty. Gen., Frank Zinn, Santa Fe, Fred M. Standley, Atty. Gen., Frank Horan, Claud Mann and Irwin Moise, Peter E. Gallagher, Albert T. Ussery, Sp. Counsel for City of Albuquerque, Albuquerque, amici curiae.

Peter Gallagher, Albert T. Ussery, Frank B. Zinn, Atty. Gen., Charles D. Harris, Sp. Asst. Atty. Gen., Claud Mann, Irwin Moise, Albuquerque, James W. Stagner, Carlsbad, Jess D. Weir, Las Cruces, amici curiae on motion for rehearing.

Dissenting Opinion on Motion for Rehearing June 1, 1959.

On Second Petition for Rehearing, Five Judge Court and Motion to Recall Mandate Denied September 3, 1959.

SADLER, Justice.

On the 6th day of May, 1955, the plaintiff, Cartwright, joined by a large number of other water users from the Gallinas River filed a first amended complaint in the district court of San Miguel County against Public Service Company as defendant, consisting of several causes...

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