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YATES PETROLEUM CORP. v. KENNEDY

No. 17863.

775 P.2d 1281 (1989)

108 N.M. 564

YATES PETROLEUM CORPORATION, a New Mexico corporation, Plaintiff-Appellant, v. W.G. KENNEDY and Betty L. Kennedy, his wife, Defendants-Appellees.

Supreme Court of New Mexico.

June 22, 1989.

Attorney(s) appearing for the Case

Dickerson, Fisk & Vandiver, Rebecca L. Reese, Artesia, for plaintiff-appellant.

McCormick, Forbes, Caraway & Tabor, John M. Caraway, Michael E. Dargel, Carlsbad, for defendants-appellees.

OPINION

RANSOM, Justice.

Yates Petroleum Corporation (Yates) appeals from the judgment of damages awarded W.G. and Betty L. Kennedy (Kennedy) following a bench trial in a condemnation proceeding. This case is receiving appellate review for the third time. See Kennedy v. Yates Petroleum Corp., 104 N.M. 596, 725 P.2d 572 (1986); Kennedy v. Yates Petroleum Corp.,

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