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STATE EX REL. ST. HWY. COM'N v. HESSELDEN INV. CO.

No. 9347.

504 P.2d 634 (1972)

STATE of New Mexico ex rel. STATE Highway Commission of New Mexico, Petitioner-Appellant and Cross-Appellee, v. HESSELDEN INVESTMENT CO., Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

Rehearing Denied January 4, 1973.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., E.E. Chavez, Chief Counsel, State Highway Dept., George D. Sheldon, Richard T. Whitley, State Highway Dept. Asst. Attys. Gen., Santa Fe, for appellant and cross-appellee.

James H. Foley, Jack Smith, Edwin E. Piper, Jr., Albuquerque, for appellee and cross-appellant.

OPINION

EDWIN L. FELTER, District Judge.

The State Highway Commission of New Mexico, Appellant, Cross-Appellee, condemnor, filed its Petition in eminent domain against, among others, Hesselden Investment Co., Appellee, Cross-Appellant, condemnee on February 9, 1968, in the District Court of Torrance County. An Order Making Preliminary Order of Entry Permanent was made and entered by the trial court on March 5, 1968.

From the verdict of the jury awarding...

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