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STATE v. 44 GUNNY SACKS OF GRAIN

No. 9303.

497 P.2d 966 (1972)

83 N.M. 755

STATE of New Mexico, Plaintiff-Appellant, v. 44 GUNNY SACKS OF GRAIN, Defendant-Appellee.

Supreme Court of New Mexico.

May 26, 1972.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Santa Fe, Norman D. Bloom, Jr., Special Asst. Atty. Gen., Alamogordo, for plaintiff-appellant.

No appearance for appellee.

OPINION

STEPHENSON, Justice.

Mr. Ernest Huckleby purchased grain which he fed to his hogs. The grain was contaminated by mercury poisoning which seriously injured some members of the Huckleby family who consumed meat from the hogs. These circumstances came to the attention of the New Mexico Department of Health and Social Services ("the Department").

Mr. Huckleby also purchased grain at about the same time from the same source for Mr. Gilbert, owner...

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