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STATE EX REL. HWY. DEPT. v. KISTLER-COLLISTER CO. INC.

No. 10074.

539 P.2d 611 (1975)

88 N.M. 221

STATE of New Mexico ex rel. STATE HIGHWAY DEPARTMENT of New Mexico, Petitioner-Appellant, v. KISTLER-COLLISTER COMPANY, INC., Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied August 19, 1975.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Victor Henry Rothschild, III, SHD Asst. Atty. Gen., Santa Fe, for petitioner-appellant.

Modrall, Sperling, Roehl, Harris & Sisk, George T. Harris, Jr., Leland S. Sedberry, Jr., Bruce D. Black, Albuquerque, for defendant-appellee.

OPINION

OMAN, Justice.

This is a case in which the New Mexico State Highway Department (Highway Department) condemned two strips of land fronting on intersecting Lomas and San Mateo Boulevards in Albuquerque. The defendant, Kistler-Collister Company, Inc. (Kistler-Collister) was the owner of these lands. The case was tried to a jury which awarded Kistler-Collister $250,000 in damages. Judgment was entered on the verdict and the Highway Department has appealed...

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