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STATE EX REL. MARTINEZ v. PARKER TOWNSEND

No. 11679.

887 P.2d 1254 (1992)

118 N.M. 787

STATE of New Mexico, ex rel. Eluid L. MARTINEZ, State Engineer, Plaintiff-Appellant, v. PARKER TOWNSEND RANCH COMPANY and United Continental of New Mexico, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted February 23, 1993.

Attorney(s) appearing for the Case

Laura C. Harper, Sp. Asst. Atty. Gen., New Mexico State Engineer's Office, Santa Fe, for plaintiff-appellant.

Fred H. Hennighausen, Hennighausen & Olsen, Roswell, for defendants-appellees.

OPINION

MINZNER, Judge.

On the state's motion for rehearing, the prior opinion filed September 14, 1992 is withdrawn and the following is substituted therefor.

The state appeals from the district court's order granting defendant water rights holders' motion for summary judgment and denying the state's similar motion. On appeal, the state contends that the district court erred in granting defendants' motion for summary judgment, because the...

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