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

Nos. 6425, 6427.

334 P.2d 1118 (1959)

65 N.M. 217

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.

Motion for 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, Robert E. Fox, Santa Fe, Charles C. Spann, Sp. Asst. Attys. Gen., for appellants.

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

McGHEE, Justice.

The appellee has filed a motion asking permission to file a second motion for rehearing in which it attacks the last sentence of Section 1(A) of Chapter 237, Laws of 1957, § 55-7-18, N.M.S.A. 1953, 1957 Pocket Supp. on the ground that it is unconstitutional because there is no provision for a hearing before the State Highway Engineer, and then before a court in the event of dissatisfaction on the part of the utility with the decision of the engineer...

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