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STATE v. CHAVEZ

No. 7719.

419 P.2d 759 (1966)

77 N.M. 104

STATE of New Mexico, ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellee, v. Enrique CHAVEZ and Isabel Chavez, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

October 31, 1966.

Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Hadley Kelsey, Joseph L. Droege, John C. Worden, Neil C. Stillinger, George D. Sheldon, Oliver G. Ricketson, Richard T. Whitley, William S. Martin, Jr., Sp. Asst. Attys. Gen., Santa Fe, for appellee.

Lorenzo A. Chavez, Melvin L. Robins, Warren F. Reynolds, Albuquerque, for appellants.

OPINION

MOISE, Justice.

The appellants have perfected this appeal from an order dismissing condemnation proceedings commenced by appellee. Appellants were the holders of a business lease on a piece of property abutting on U.S. Highway 66, and for several years had operated a filling station, grocery store, cafe and bar thereon. The lease by its terms expired on January 30, 1958. On September 9, 1957, the Commissioner...

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