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STATE HIGHWAY AND TRANSP. DEPT. v. BACA

No. 21826.

896 P.2d 1148 (1995)

120 N.M. 1

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

Supreme Court of New Mexico.

May 8, 1995.

Attorney(s) appearing for the Case

The Law Offices of Simon & Oppenheimer, Jane Bloom Yohalem, Morton S. Simon, Santa Fe, for petitioner.

Tom Udall, Atty. Gen., Arthur J. Waskey, Gen. Counsel, Richard Ferrary, Deputy Gen. Counsel, Santa Fe, for respondent.

OPINION

MINZNER, Justice.

This appeal concerns the question of whether a district court may award attorney's fees against the State as a sanction for bad-faith litigation. We conclude that such a sanction may be proper under some circumstances, that the record does not support the award made, but that there may have been an evidentiary basis for a different award. We therefore affirm the Court of Appeals' reversal of the fee award, but we remand for...

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