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STATE EX REL. STATE HIGHWAY COMMISSION v. CHAVEZ

No. 8684.

456 P.2d 868 (1969)

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellant and Cross-Appellee, v. Enrique CHAVEZ and Isabel Chavez, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

June 9, 1969.

Attorney(s) appearing for the Case

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

Lorenzo A. Chavez, Melvin L. Robins, Albuquerque, for appellees and cross-appellants.

PER CURIAM.

Upon consideration of Motion for Rehearing, the opinion heretofore filed is withdrawn and the following substituted therefor:

OPINION

MOISE, Justice.

This is the sequel to State ex rel. State Highway Commission v. Chavez, 77 N.M. 104, 419 P.2d 759 (1966), wherein we decided that the trial court had erred in dismissing proceedings to determine damages, if any, resulting...

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