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STATE HIGHWAY COM'N v. RUIDOSO TELEPHONE CO.

No. 6957.

389 P.2d 606 (1963)

73 N.M. 487

STATE HIGHWAY COMMISSION of New Mexico, and L. D. Wilson, Chief Highway Engineer, Plaintiffs-Appellants and Cross-Appellees, v. The RUIDOSO TELEPHONE COMPANY (NSL), a New Mexico Corporation, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 9, 1964.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., M. W. Hamilton, Hadley Kelsey, Joseph L. Droege, John C. Worden, J. O. Walton, Sp. Asst. Attys. Gen., Santa Fe, for appellants.

Bigbee & Stephenson, Charles D. Olmsted, Santa Fe, for appellee.

GEORGE L. REESE, Jr., District Judge.

This controversy arose by an action filed June 11, 1957 by the State Highway Commission, hereinafter called Commission, against The Ruidoso Telephone Company, hereinafter called Company, in the district court of Santa Fe County for a declaratory judgment. It was alleged in the amended complaint that the Company was a New Mexico Corporation engaged as a public utility furnishing telephone service to the public in the vicinity of...

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