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KIPP v. McBEE

No. 8387.

432 P.2d 255 (1967)

78 N.M. 411

Rex KIPP, Jr., John Muir Kipp and William Marble Kipp, d/b/a Rex Kipp & Sons Ranch, a Partnership, Plaintiffs-Appellees, v. Carry J. McBEE, Defendant-Appellant.

Supreme Court of New Mexico.

October 2, 1967.

Attorney(s) appearing for the Case

Benjamin M. Sherman, Deming, for appellant.

Garland, Martin & Martin, Las Cruces, for appellees.

OPINION

COMPTON, Justice.

This action was brought in the district court of Grant County seeking to have a certain road declared a public road, thereby requiring the defendant to install cattle-guards as well as gates in his fence where it intersects the road in four places. Upon entry of judgment in favor of the plaintiffs, the defendant appeals.

The resident judge recused himself and the Honorable W.T....

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