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STATE v. TANNY

No. 6771.

359 P.2d 350 (1961)

68 N.M. 117

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellant and Cross-Appellee, v. A.J. TANNY and Rose Tanny, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

February 8, 1961.

Attorney(s) appearing for the Case

Fred M. Standley, Hadley Kelsey, Joseph L. Droege, John C. Worden, Sp. Asst. Attys. Gen., for appellant.

R.F. Deacon Arledge, Charles Driscoll, Albuquerque, for appellees.

CHAVEZ, Justice.

This is an appeal from a judgment in a condemnation proceeding wherein appellees, A.J. Tanny and Rose Tanny, his wife, were awarded judgment in the sum of $75,000.

Appellant filed a petition in condemnation against many defendants, including appellees, Tanny, on September 15, 1958. Answer was filed by appellees on September 24, 1958, and an order authorizing immediate entry and acquisition and control of access was entered by the district...

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