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STATE EX REL. STATE HIGHWAY DEPT. v. ROBINSON

No. 9552.

506 P.2d 785 (1973)

84 N.M. 628

STATE of New Mexico ex rel. STATE HIGHWAY DEPARTMENT of New Mexico, Petitioner-Appellant, v. Alan ROBINSON et al., Defendants-Appellees.

Supreme Court of New Mexico.

February 23, 1973.

Attorney(s) appearing for the Case

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

David A. Grammer, Albuquerque, for appellees.

OPINION

McMANUS, Chief Justice.

Appellant, State of New Mexico, ex rel. State Highway Department of New Mexico, filed an action in the District Court of Catron County seeking to condemn property owned by Robinson and others, appellees. At the conclusion of a jury trial and after the verdict was returned in favor of appellees, appellant moved for a new trial upon these grounds:

"1. In reaching its verdict in this cause, the jury ignored and failed...

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