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GULF REFINING COMPANY v. ETCHEVERRY

No. 932.

511 P.2d 752 (1973)

85 N.M. 266

GULF REFINING COMPANY, Plaintiff-Appellee, v. John ETCHEVERRY, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied May 31, 1973.

Certiorari Denied June 28, 1973.

Attorney(s) appearing for the Case

Gary D. Reagan, Glen L. Houston, John T. Porter, Williams, Johnson, Houston, Reagan & Porter, Hobbs, for appellant.

William V. Kastler, Midland, Tex., for appellee.

OPINION

HERNANDEZ, Judge.

Plaintiff, Gulf Refining Company [hereinafter "Gulf"], owner of a right-of-way across land held under a state grazing lease by defendant Etcheverry [hereinafter "Etcheverry"], applied for a preliminary and permanent injunction in the court below, alleging interference by Etcheverry with Gulf's construction of a pipeline along the right-of-way. Etcheverry counterclaimed on the grounds that Gulf's construction of the pipeline had...

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