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STATE EX REL. STATE HWY. COM'N v. PEACE FOUNDATION

No. 8481.

446 P.2d 443 (1968)

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellee and Cross-Appellant, v. PEACE FOUNDATION, INC., and Wilhelmina N. Coe and Ralph M. Coe, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

November 8, 1968.

Attorney(s) appearing for the Case

Oliver B. Cohen, Albuquerque, for defendants-appellants and cross-appellees.

Boston E. Witt, Atty. Gen., Joseph L. Droege, Special Asst. Atty. Gen., Santa Fe, for petitioner-appellee and cross-appellant.

OPINION

PER CURIAM:

The motion for rehearing is denied; the original opinion filed herein is withdrawn and the following substituted therefor:

CHAVEZ, Chief Justice.

Suit was brought in the District Court of Bernalillo County by the State Highway Commission seeking to acquire by condemnation certain parcels of land owned by defendants-appellants, Peace Foundation, Inc. and Wilhelmina N. Coe and Ralph M. Coe. The land was needed for the construction...

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