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STATE, ETC. v. HIDALGO AREA DEVELOPMENT CORP.

No. 12511.

607 P.2d 601 (1980)

94 N.M. 63

STATE of New Mexico ex rel. STATE HIGHWAY DEPARTMENT of New Mexico, Petitioner-Appellant, v. HIDALGO AREA DEVELOPMENT CORP. and Alan A. Koff, Defendants-Appellees, v. Martha G. TREWETT et al., Third-Party Defendants.

Supreme Court of New Mexico.

February 26, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Richard L. Russell, Chief Counsel, Asst. Atty. Gen., Stephen S. Hamilton, Deputy Atty. Gen., State Hwy. Dept., Santa Fe, for petitioner-appellant.

Modrall, Sperling, Roehl, Harris & Sisk, Mark B. Thompson, III, Albuquerque, for defendants-appellees.

John F. Schaber, Deming, for third-party defendants.

OPINION

FEDERICI, Justice.

This action originated in the District Court of Hidalgo County. Appellant, State ex rel. Highway Department of New Mexico, had condemned certain properties for an interstate highway. Two tracts within the condemned area were claimed by appellant through purchase and deed. Appellee Koff also claimed the same two tracts by purchase and deed. On motion of appellee, the district court entered a partial summary judgment, holding that...

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