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SOUTHERN UNION GAS COMPANY v. CITY OF ARTESIA

No. 8906.

472 P.2d 368 (1970)

SOUTHERN UNION GAS COMPANY, a corporation, Plaintiff-Appellant, v. CITY OF ARTESIA, a municipal corporation, and Urban Renewal Agency of Artesia, New Mexico, a public body corporate and Politic, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied July 30, 1970.

Attorney(s) appearing for the Case

McCormick, Paine, Feezer & Forbes, Carlsbad, A.S. Grenier, Boyd L. Henderson, Dallas, Tex., for appellant.

Watson & Watson, Artesia, for City of Artesia.

William M. Siegenthaler, Artesia, for Urban Renewal Agency.

OPINION

SISK, Justice.

Plaintiff appeals from the determination of the trial court in a declaratory judgment action that it is not entitled to be compensated by defendants for its costs incurred in removing and partially relocating certain of its utility lines from streets and alleys within the area covered by an urban renewal project in Artesia, New Mexico. We affirm.

Plaintiff is a private utility which operates its gas distribution system within...

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