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STATE EX REL. STATE HIGHWAY DEPARTMENT v. YURCIC

No. 9537.

511 P.2d 546 (1973)

85 N.M. 220

STATE of New Mexico ex rel. STATE HIGHWAY DEPARTMENT of New Mexico, Petitioner-Appellee, v. Joe YURCIC and Josephine Yurcic (Michael G. Plese et al.), Respondents-Appellants.

Supreme Court of New Mexico.

June 22, 1973.

Attorney(s) appearing for the Case

Bigbee, Byrd, Carpenter & Crout, Harl D. Byrd, Jay C. Carlisle, Santa Fe, for respondents-appellants.

David L. Norvell, Atty. Gen., E.E. Chavez, Chief Counsel, Leslie D. Ringer, Richard T. Whitley, Richard L. Russell, State Highway Department Asst. Attys. Gen., Santa Fe, for petitioner-appellee.

OPINION

STEPHENSON, Justice.

The State of New Mexico, through the State Highway Department ("the Department") brought this eminent domain proceeding in the District Court of McKinley County against the owners of a number of tracts of land, including Mr. and Mrs. Joe Yurcic. The trial court dismissed the Yurcics' claim for damages, although they were granted judgment for certain attorney's fees. The Yurcics have appealed. The Department has not cross-appealed...

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