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COLORADO & S. RY. CO. v. DIMITROFF

No. 12832.

623 P.2d 561 (1980)

COLORADO & SOUTHERN RAILWAY COMPANY, a corporation, Petitioner, v. Rodney R. DIMITROFF, Respondent.

Supreme Court of New Mexico.

Rehearing Denied January 15, 1981.

Attorney(s) appearing for the Case

Montgomery, Andrews & Hannahs, Walter J. Melendres, Santa Fe, for petitioner.

Charles D. Alsup, Clayton, for respondent.

MEMORANDUM OPINION

FELTER, Justice.

Plaintiff-appellee, Rodney R. Dimitroff, was awarded judgment in the sum of $5,145.00 against defendant-appellant, Colorado & Southern Railway Company for the use of 2.25 acres of plaintiff's land. After affirmance by the Court of Appeals, we granted the petition for a writ of certiorari filed by appellant. We reverse the judgment of the trial court and the decision of the Court of Appeals.

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