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STATE EX REL. BIRD v. APODACA

No. 11707.

573 P.2d 213 (1977)

91 N.M. 279

STATE of New Mexico ex rel. James A. BIRD, State Highway Engineer for the State of New Mexico, Petitioner, and State of New Mexico ex rel. State Highway Commission for the State of New Mexico, Intervenor, v. The Hon. Jerry APODACA, Governor of the State of New Mexico, Respondent.

Supreme Court of New Mexico.

Rehearing Denied January 10, 1978.

Attorney(s) appearing for the Case

Olmstead & Cohen, Charles D. Olmstead, Santa Fe, for petitioner and intervenor.

Toney Anaya, Atty. Gen., Thomas L. Dunigan, Deputy Atty. Gen., Santa Fe, for respondent.

OPINION

McMANUS, Chief Justice.

Petitioner, James Bird, was appointed State Highway Engineer by the State Highway Commission pursuant to § 55-2-1.6, N.M.S.A. (Supp. 1975). Governor Apodaca, respondent herein, sought to transfer petitioner from the Highway Department to the State Parks and Recreation Commission under a statutory provision, § 5-4-3, N.M.S.A. 1953, which allows such transfers "as in his judgment may be necessary or convenient at any...

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