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STATE v. PELLETIER

No. 7771.

417 P.2d 46 (1966)

76 N.M. 555

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellant, v. Raymond PELLETIER and any and all Unknown Owners or Claimants in the Premises herein sought to be Acquired, Defendants-Appellees.

Supreme Court of New Mexico.

July 18, 1966.

Attorney(s) appearing for the Case

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

Hannett, Hannett & Cornish, H. Vern Payne, Albuquerque, for appellee.

OPINION

MOISE, Justice.

Appellant-State Highway Commission here appeals from an award of damages to appellee-Pelletier. Involved are two tracts of land referred to by the parties as Tracts 2 and 3. Prior to this condemnation proceeding, Tract 2 was a triangular piece lying south of U.S. Highway 66, containing .283 acres. Tract 2 was totally taken in this proceeding and an award of $2,932.00 made therefor. Tract 3 lay north of the old U.S. Highway 66, and...

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