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STATE EX REL. BAXTER v. EGOLF

No. 9225.

757 P.2d 371 (1988)

STATE of New Mexico, ex rel. Murphy H. Baxter and Betty Jane Baxter, Plaintiffs-Appellants, v. William EGOLF and Harrylou Egolf, Defendants-Appellees.

Court of Appeals of New Mexico.

June 2, 1988.

Attorney(s) appearing for the Case

Victor R. Ortega, Sarah M. Singleton, Christine Gray, Montgomery & Andrews, P.A., John R. Fox, Santa Fe, for plaintiffs-appellants.

Fletcher R. Catron, Catron, Catron & Sawtell, P.A., Santa Fe, for defendants-appellees.

OPINION

ALARID, Judge.

The motion for rehearing is denied, and the previous opinion, filed May 5, 1988, is hereby withdrawn and the following is substituted.

Appellants (Baxters) were plaintiffs in a suit for nuisance and trespass against defendants-appellees (Egolfs). The trial court found no nuisance and that, although trespass was proved, there was no proof of damages. The Baxters appeal, stating their issues as:

1. Whether the trial court...

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