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CITY OF ALBUQUERQUE v. CHAPMAN

No. 7746.

413 P.2d 204 (1966)

76 N.M. 162

The CITY OF ALBUQUERQUE, New Mexico, a Municipal Corporation, Plaintiff-Appellee, v. E.M. CHAPMAN, JR., and Virginia Chapman, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied April 20, 1966.

Attorney(s) appearing for the Case

Waldo Spiess, Charles T. Hooker, Albuquerque, for appellants.

Frederick M. Mowrer, Asst. City Atty., Key & May, Albuquerque, for appellee.

COMPTON, Justice.

This action in eminent domain was brought under an act providing for special alternative procedure for condemnation of public and private property, Laws 1959, ch. 324, §§ 22-9-39 to 22-9-54, N.M.S.A., 1953 Comp. (Supp. 1965). The appellee, the City of Albuquerque, sought to acquire a part of a tract of land owned by E.M. Chapman, Jr. and Virginia Chapman, his wife, for the improvement of Zuni Road. These appellants

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