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BREWER OIL v. STATE BY & THROUGH UDALL

No. 16196.

908 P.2d 799 (1995)

121 N.M. 106

BREWER OIL COMPANY, Queen Oil and Gas Company, Bell Gas, Inc., A-Doc Oil Company, and KW Fuels, Inc., Petitioners/Cross-Respondents-Appellees, v. The STATE of New Mexico By and Through the Attorney General for the State of New Mexico, Thomas S. UDALL, Respondent/Cross-Petitioner-Appellant.

Court of Appeals of New Mexico.

November 9, 1995.

Attorney(s) appearing for the Case

F. Edwin Hallman, Jr., David C. Moss, Decker & Hallman, Atlanta, Georgia, Paul Bardacke, Peter S. Kierst, Kerry C. Kiernan, Eaves, Bardacke & Baugh, P.A., Albuquerque, for Petitioners/Cross-Respondents-Appellees.

Tom Udall, Attorney General, Jerome Marshak, Assistant Attorney General, Santa Fe, Susan G. White, Assistant Attorney General, Albuquerque, for Respondent/Cross-Petitioner-Appellant.

OPINION

HARTZ, Judge.

1. The Attorney General appeals the district court's entry of a summary judgment quashing five civil investigative demands (CIDs). The only question to be resolved is whether the record before the district court established beyond genuine dispute that the Attorney General had no proper purpose for seeking the CIDs. Because we answer in the negative, we reverse and remand to the district...

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