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STATE v. DANFELSER

No. 7021.

384 P.2d 241 (1963)

72 N.M. 361

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellant, v. Lee DANFELSER and Byrdis Danfelser, Defendants-Appellees.

Supreme Court of New Mexico.

August 5, 1963.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., M.W. Hamilton, Hadley Kelsey, Joseph L. Droege, Epifanio Garcia, John C. Worden, Joseph O. Walton, Special Asst. Attys. Gen., Santa Fe, for appellant.

Wilson, Ahern & Montgomery, Albuquerque, for appellees.

Hannett, Hannett & Cornish, Scott H. Mabry, Owen B. Marron, Rodey, Dickason, Sloan, Akin & Robb, W.A. Keleher and Timothy B. Keleher, Modrall, Seymour, Sperling, Roehl & Harris, Lewis R. Sutin, Albuquerque, Herman W. Atkins, Denny & Glascock, Gallup, amici curiae.

PER CURIAM.

In view of the motion for rehearing filed by appellees, supported by their brief, two exhaustive briefs filed by amici curiae, and appellant's brief in response thereto, the original opinion is withdrawn and the following substituted:

OPINION

CARMODY, Justice.

The state appeals from a judgment in a condemnation action granting the defendants Danfelsers damages for loss of access to a highway.

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