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KELLEY v. CARLSBAD IRRIGATION DISTRICT

No. 7594.

415 P.2d 849 (1966)

76 N.M. 466

C.M. KELLEY, Applicant-Appellee, v. CARLSBAD IRRIGATION DISTRICT, Protestant-Appellant, and S.E. Reynolds, State Engineer of New Mexico, Appellant.

Supreme Court of New Mexico.

Second Rehearing Denied June 20, 1966.

Further Rehearings Denied July 1, 1966.

Attorney(s) appearing for the Case

Hinkle, Bondurant & Christy, Paul W. Eaton, Jr., Roswell, for appellee.

Stagner, Sage, Walker & Estill, Carlsbad, for Carlsbad Irrigation Dist., protestant-appellant.

Earl E. Hartley, Atty. Gen., Charles D. Harris, Sp. Asst. Atty. Gen., Santa Fe, for S.E. Reynolds, State Engineer, appellant.

PER CURIAM.

The motion for leave to file second motion for rehearing is denied; however, upon consideration of the motion, the opinion heretofore filed is withdrawn and the following substituted therefor.

OPINION

CHAVEZ, Justice.

Appellants, State Engineer of New Mexico and Carlsbad Irrigation District, have appealed from the trial court's ruling directing the State Engineer to approve the application of C.M. Kelley, appellee, to change his...

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