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ALLEN v. McCLELLAN

No. 8227.

427 P.2d 677 (1967)

77 N.M. 801

Renwick L. ALLEN and Courtney Vallentine, Plaintiffs-Appellants and Cross-Appellants, v. Jim McCLELLAN, James C. King, Wally Green and W.A. Humphries, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

May 15, 1967.

Attorney(s) appearing for the Case

O.R. Adams, Jr., Albuquerque, for appellees.

Boston E. Witt, Atty. Gen., George T. Harris, Jr., Lyle E. Teutsch, Sp. Asst. Attys. Gen., Santa Fe, Modrall, Seymour, Sperling, Roehl & Harris, John R. Cooney, Albuquerque, for appellants.

OPINION

CARMODY, Justice.

Our opinion in the prior appeal of this case (75 N.M. 400, 405 P.2d 405) held that the New Mexico Game Commission could not include private land within a game refuge without the consent of the owner, or by acquisition in some lawful manner. Following remand, the trial court granted an injunction against the defendants and others, but dismissed the plaintiffs' action for damages. All parties were dissatisfied, and this appeal and...

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