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STATE EX REL. REYNOLDS v. HOLGUIN

No. 12750.

618 P.2d 359 (1980)

95 N.M. 15

STATE of New Mexico ex rel. S.E. Reynolds, State Engineer, Plaintiff-Appellant, v. David HOLGUIN, Defendant-Appellee.

Supreme Court of New Mexico.

October 22, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., V. Henry Rothschild, Sp. Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Martin, Martin & Lutz, William L. Lutz, Las Cruces, for defendant-appellee.

OPINION

FEDERICI, Justice.

Appellant State of New Mexico, on the relation of the State Engineer (Reynolds) filed this action against appellee (Holguin) for injunctive and declaratory relief in the District Court of Sierra County, seeking to terminate the unlawful diversion of public waters. The court entered judgment on a jury verdict against the State. Upon denial of its motion for a new trial and entry of judgment for Holguin, Reynolds appealed. We affirm...

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