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STATE v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 7842.

417 P.2d 68 (1966)

76 N.M. 587

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New mexico, Petitioner-Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, George F. Curtis, Vera Curtis, Maurice Houk and Thelma June Houk, Respondents-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, William S. Martin, Jr., John C. Worden, Oliver G. Ricketson, George D. Sheldon, Richard T. Whitley, Sp. Asst. Attys. Gen., Santa Fe, for appellant.

Iden & Johnson, J.T. Paulantis, J.J. Monroe, Albuquerque, for Atchison, T. & S.F. Ry. Co.

Smith, Smith & Tharp, Clovis, for appellees Houk.

OPINION

NOBLE, Justice.

The State Highway Commission (hereafter termed the commission) has appealed from a judgment in condemnation awarding damages to Atchison, Topeka and Santa Fe Railway Company (hereafter termed the railroad) and to Maurice and Thelma Jane Houk (hereafter termed Houk).

Three points relied upon for reversal will be discussed in somewhat different order than they are briefed. Point II concerns only the Houk property and for convenience...

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