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EL PASO ELEC. CO. v. REAL ESTATE MART, INC.

No. 5365.

651 P.2d 105 (1982)

98 N.M. 570

EL PASO ELECTRIC COMPANY, a Texas corporation, et al., Plaintiffs-Appellees, v. REAL ESTATE MART, INC., Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied August 5, 1982.

Certiorari Denied September 16, 1982.

Attorney(s) appearing for the Case

Stephen A. Hubert, Beverly J. Singleman, Martin, Lutz, Cresswell & Hubert, P.A., Las Cruces, for plaintiffs-appellees.

George T. Harris, Arthur D. Melendres, Zachary L. McCormick, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for defendant-appellant.

OPINION

NEAL, Judge.

In this eminent domain case the jury awarded appellant $25,070.00 for a power line easement, and $1,000.00 for trespass damages. Appellant appeals. Five issues, all dealing with admission or exclusion of evidence, are raised:

1. The trial court erred in allowing the condemnor utilities to present two witnesses who were not listed in the pretrial order. 2. The trial court compounded this error when it refused to allow...

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