OPINION
TACKETT, Justice.
This is a condemnation proceeding in the District Court of Dona Ana County, New Mexico, involving land situate near Anapra, New Mexico. A prior appeal to this court (No. 8004), from Judge Scoggin's refusal to dismiss the case pursuant to Rule 41(e), Rules of Civil Procedure (§ 21-1-1 (41) (e), N.M.S.A., 1953 Comp., 1967 Pocket Supp.) was dismissed on the ground that no final judgment had been entered. Appellant Timberlake,...
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