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STATE EX REL. HWY. & TRANSP. DEPT. v. BACA

No. 13654.

867 P.2d 421 (1993)

116 N.M.App. 751

STATE of New Mexico, ex rel., NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, Petitioner-Appellant, v. Edward BACA, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted January 12, 1994.

Attorney(s) appearing for the Case

Arthur J. Waskey, Gen. Counsel, Richard Ferrary, Deputy Gen. Counsel, Sp. Asst. Attys. Gen., Santa Fe, for petitioner-appellant.

Jane Bloom Yohalem, Morton S. Simon, Law Offices of Simon & Oppenheimer, Santa Fe, for respondent-appellee.

OPINION

PICKARD, Judge.

This case involves the circumstances under which a district court may award attorney fees as an exception to the usual "American Rule," pursuant to which the parties to litigation bear their own attorney fees. The district court awarded over $86,000 in fees and costs to the attorneys for a state employee (Baca). Baca was fired from his job by the State Highway Department and was reinstated after an administrative hearing by...

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