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LAVASEK v. WHITE

No. 7791.

339 F.2d 861 (1965)

Alexander LAVASEK, Melvina D. Lavasek, William Lavasek, and Irene Lavasek, Appellants, v. T. B. WHITE, State Highway Engineer, John F. Sudderth, L. E. Murray, John Q. Thaxton, Frank Tatsch, Wayne Collins, and County of McKinley, State of New Mexico, Appellees.

United States Court of Appeals Tenth Circuit.

January 4, 1965.

Attorney(s) appearing for the Case

A. T. Hannett, Albuquerque, N. M. (G. W. Hannett and T. G. Cornish, Albuquerque, N. M., were with him on the brief), for appellants.

Joseph L. Droege and William S. Martin, Jr., Santa Fe, N. M., for appellees.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

In 1956, the State of New Mexico initiated condemnation proceedings against appellants as landowners of property abutting upon U. S. Highway 66 east of Gallup, New Mexico, as part of a program to convert U. S. 66 into a controlled access highway renamed Interstate 40. The asserted rights of appellants affected by the condemnation were fully litigated in the state courts of New Mexico, culminating in the decision of the New Mexico Supreme Court...

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