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STATE v. BOARD OF COUNTY COM'RS, COUNTY OF GUADALUPE

No. 6618.

376 P.2d 976 (1962)

71 N.M. 194

STATE of New Mexico ex rel. S.E. REYNOLDS, State Engineer, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS, COUNTY OF GUADALUPE, consisting of Daniel Ulibarri, W.F. Johnson and Manuel Facio, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied January 4, 1963.

Attorney(s) appearing for the Case

Hilton A. Dickson, Jr., Atty. Gen., Charles D. Harris, J. Lee Cathey, Roswell, for appellant.

Donald A. Martinez, Dist. Atty., Las Vegas, for appellees.

SAMUEL Z. MONTOYA, District Judge.

This appeal is from an order of the District Court of Guadalupe County dismissing the action filed by the plaintiff on the ground that the plaintiff State of New Mexico on the relation of the State Engineer in a mandamus action had failed to establish the necessity for the creation of the Pecos River Subdistrict of the Pecos River System in Guadalupe County, New Mexico.

The cause was before the trial court on an alternative...

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