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STATE EX REL. REYNOLDS v. MOLYBDENUM CORP. OF AMER.

No. 9358.

496 P.2d 1086 (1972)

83 N.M. 690

STATE of New Mexico ex rel. S.E. REYNOLDS, State Engineer, Plaintiff-Appellant and Cross-Appellee, v. MOLYBDENUM CORPORATION OF AMERICA, a Delaware Corporation, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

May 5, 1972.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Paul L. Bloom, Peter Thomas White, Sp. Asst. Attys. Gen., Sante Fe, for appellant and cross-appellee.

Watson, Stillinger & Lunt, Sante Fe, for appellee and cross-appellant.

OPINION

OMAN, Justice.

This is a suit in which plaintiff sought an injunction against defendant. The trial court granted defendant's motion to dismiss pursuant to Rule 41(e), Rules of Civil Procedure for the District Courts [§ 21-1-1 (41) (e), N.M.S.A. 1953 (Repl.Vol. 4, 1970)]. Plaintiff appealed from the order dismissing its complaint with prejudice. Defendant cross-appealed on the ground that, notwithstanding any error which might have been committed...

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