STATE v. TAIRA

No. 8337.

430 P.2d 773 (1967)

78 N.M. 276

STATE of New Mexico ex rel. NEW MEXICO STATE HIGHWAY COMMISSION, Petitioner-Appellant, v. George TAIRA et al., Defendants-Appellees.

Supreme Court of New Mexico.

July 31, 1967.


Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Joseph L. Droege, Sp. Asst. Atty. Gen., Santa Fe, George E. McDevitt, Gallup, for appellant.

Montgomery, Federici & Andrews, Santa Fe, for appellees.

Frederick M. Mowrer, Asst. City Atty., Stanley P. Zuris, Albuquerque, amici curiae.


OPINION

CARMODY, Justice.

In anticipation of possible future litigation, the New Mexico State Highway Commission filed an original proceeding in the district court, seeking "an order allowing it to perpetuate evidence, * * *." The trial court granted the relief sought, but, as a part thereof, required that the information obtained be filed with the court and that it be subject to inspection by the defendants. The commission appeals because of the filing...

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