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STATE EX REL. STATE HIGHWAY COMMISSION v. SHERMAN

No. 9084.

481 P.2d 104 (1971)

82 N.M. 316

STATE of New Mexico, ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellee, v. Benjamin M. SHERMAN, Helen Hood Sherman, the Estate of Jeannette G. Sherman Sawyer, Deceased, Mrs. Nancy Lou Ajemian and Paul Frederick Sherman, Defendants-Appellees, v. Aileen Rose RUNYAN, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied February 23, 1971.

Attorney(s) appearing for the Case

Robertson & Reynolds, Silver City, for appellant.

Ray Hughes, Deming, for appellees.

OPINION

TACKETT, Justice.

This action was commenced in the District Court of Luna County, New Mexico, by the State Highway Commission, designated "Highway," to condemn property owned by Benjamin M. Sherman, et al, under lease to appellant Runyan. The case was tried without a jury in two trials, the first between Highway and the Shermans, in which judgment was entered in favor of the Shermans for $10,800. No appeal was taken from this first judgment. The...

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