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BOGLE FARMS, INC. v. BACA

No. 21,259.

925 P.2d 1184 (1996)

122 N.M. 422

BOGLE FARMS, INC., et al., Plaintiffs-Appellees, v. Jim BACA, Commissioner of Public Lands for the State of New Mexico, Defendant-Appellant.

Supreme Court of New Mexico.

September 9, 1996.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Bridget A. Jacober, Louhannah M. Walker, Christopher G. Schatzman, Special Assistant Attorneys General, Santa Fe, for Appellant.

Jones, Snead, Wertheim, Wentworth & Jaramillo, P.A., Jerry Wertheim, James G. Whitley, Carol A. Clifford, Santa Fe, for Appellees.

Jennings Law Firm, A.D. Jones, Roswell, for Amicus Curiae N.M. Public Lands Council, Inc.

Hinkle, Cox, Eaton, Coffield & Hensley, P.L.L.C., Gregory J. Nibert, Roswell, for Amicus Curiae signatory N.M. title attorneys.

OPINION

RANSOM, Justice.

1. The Commissioner of Public Lands appeals from a partial summary judgment in favor of twenty-six plaintiffs who seek a declaratory judgment that their installment contracts for the purchase of state trust lands do not reserve sand and gravel to the state. The trial court ruled that the Commissioner is collaterally estopped from arguing that the general mineral reservations included within the contracts effectively reserved sand...

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