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STATE EX REL. STATE HIGHWAY COMMISSION v. BURKS

No. 8602.

443 P.2d 866 (1968)

79 N.M. 373

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Relator, v. The Honorable Garnett R. BURKS, District Judge of the District Court of the Seventh Judicial District of the State of New Mexico, Respondent.

Supreme Court of New Mexico.

July 22, 1968.

Attorney(s) appearing for the Case

Richard v. Gose, Santa Fe, for relator.

Zinn & Donnell, Santa Fe, for respondent.

OPINION

NOBLE, Justice.

A condemnation proceeding was brought by the State Highway Commission pursuant to ch. 324, Laws 1959, to acquire certain land for highway purposes. Defendant Buck Harvey filed a motion pursuant to Rules 41(b) and (e) of the Rules of Civil Procedure (§ 21-1-1(41) (b) and (e), N.M.S.A. 1953), seeking an order dismissing the condemnation proceeding. After the court announced that the motion to dismiss would be granted, we issued...

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