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RICKELTON v. UNIVERSAL CONSTRUCTORS, INC.

No. 11406.

576 P.2d 285 (1978)

91 N.M. 479

Robert E. RICKELTON, Marilyn Rickelton Whitman, Frank Palmer and his wife, Irene Palmer, Miles S. Palmer and his wife, Verdell Palmer, J.A. Palmer and his wife, Dorothy Palmer, Plaintiffs-Appellees, v. UNIVERSAL CONSTRUCTORS, INC., Defendant-Appellee, The Commissioner of Public Lands, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 30, 1978.

Attorney(s) appearing for the Case

William O. Jordan, Santa Fe, for appellant.

Palmer & Frost, Reed L. Frost, Farmington, for plaintiffs.

Sutin, Thayer & Browne, Norman S. Thayer, Albuquerque, for defendant-appellee.

OPINION

FEDERICI, Justice.

Plaintiffs-appellees Rickelton, et al. (Rickelton), pursuant to § 7-8-68, N.M.S.A. 1953 (Repl. 1974), initiated a contest before the defendant Commissioner of Public Lands (Commissioner), asking that the Commissioner cancel certain sand and gravel leases issued to the defendant Universal Constructors, Inc. (Universal). The sand and gravel leases covered the same state trust lands previously conveyed to the plaintiffs by land...

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