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STATE v. DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT

No. 6748.

354 P.2d 145 (1960)

67 N.M. 215

STATE of New Mexico ex rel. Thornton DAVIS and Edith Fanning, Petitioners, v. DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT of the State of New Mexico, WITHIN AND FOR LEA COUNTY, New Mexico, and the Honorable John R. Brand, District Judge of the Fifth Judicial District of the State of New Mexico in and for Lea County, New Mexico, Respondents.

Supreme Court of New Mexico.

July 15, 1960.

Attorney(s) appearing for the Case

Hanners & Norton, Lovington, for petitioners.

Neal & Neal, Hobbs, for respondents.

CHAVEZ, Justice.

This is an action in prohibition wherein relators seek to invoke this court's original jurisdiction for a writ of prohibition to prohibit John R. Brand, district judge of the fifth judicial district court, from proceeding any further in a cause in eminent domain.

The essential facts are as follows. Plaintiff, New Mexico Public Service Company, hereinafter referred to as "Service Company," an electric utility, filed condemnation proceedings...

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