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CITY OF LAS VEGAS v. OMAN

No. 11196.

796 P.2d 1121 (1990)

The CITY OF LAS VEGAS, a New Mexico Municipal Corporation, Petitioner-Appellant/Cross-Appellee, v. The Honorable LaFel E. OMAN, District Judge Pro Tempore, Fifth Judicial District Court, Chaves County, Respondent. State of New Mexico ex rel. S.E. Reynolds, State Engineer, Real Party in Interest/Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 24, 1990.

Attorney(s) appearing for the Case

Sumner S. Koch, Paul L. Bloom, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for petitioner-appellant/cross-appellee.

Eric Richard Biggs, Sp. Asst. Atty. Gen., Santa Fe, for real party in interest/appellee/cross-appellant.

Neil C. Stillinger, Peter B. Shoenfeld, Peter B. Shoenfeld, P.A., Santa Fe, for Amici Acequia Madre de Las Vegas, et al. and City of Santa Rosa.

OPINION

MINZNER, Judge.

This case arises out of a general adjudication of water rights in the Roswell Artesian Basin, in the course of which the state of New Mexico (the state) seeks an adjudication of rights to water from the Gallinas River (the Gallinas). See NMSA 1978, § 72-4-17 (Repl. 1985). The city of Las Vegas (the city) and the state appeal the denial of cross motions for partial summary judgment. Both parties filed applications for interlocutory...

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