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CUNNINGHAM v. OTERO COUNTY ELEC. CO-OP.

No. 12239.

845 P.2d 833 (1992)

114 N.M. 739

David F. CUNNINGHAM and Deborah A. Cunningham, Plaintiffs-Appellees, v. OTERO COUNTY ELECTRIC COOPERATIVE, INC., a New Mexico Corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

October 21, 1992.

Attorney(s) appearing for the Case

David F. Cunningham, pro se.

S. Thomas Overstreet, Wendell B. Lane, S. Thomas Overstreet, P.C., Alamogordo, for defendant-appellant.

OPINION

MINZNER, Judge.

Defendant Otero County Electric Cooperative (OCEC) appeals from a judgment entered by the trial court after a bench trial on Plaintiffs' action in ejectment and OCEC's counterclaim asserting a right to a ten-foot easement. We affirm the trial court's denial of OCEC's right to a ten-foot easement. While we recognize that an action for ejectment lies for a utility line and the correlative right of a secondary easement for maintenance...

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