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SANTA FE SOUTHERN RAILWAY v. BAUCIS LTD.

No. 18022.

952 P.2d 31 (1997)

124 N.M. 430

1998-NMCA-002

SANTA FE SOUTHERN RAILWAY, INC., a New Mexico corporation, Petitioner/Appellant, v. BAUCIS LIMITED LIABILITY COMPANY, a New Mexico limited liability company, Respondent/Appellee.

Court of Appeals of New Mexico.

December 1, 1997.

Attorney(s) appearing for the Case

Owen C. Rouse, III, Leonard S. Katz, Rubin, Katz, Salazar, Alley & Rouse, Santa Fe, for Petitioner/Appellant.

Thomas A. Simons, IV, Michele Marks, Simons, Cuddy & Friedman, LLP, Santa Fe, for Respondent/Appellee.

OPINION

BUSTAMANTE, Judge.

1. Santa Fe Southern Railway, Inc. (SFSR) appeals the district court's order denying its motion to strike the jury demand filed by Baucis Limited Liability Company (Baucis). The sole issue on appeal is whether NMSA 1978, § 42A-1-21 (1981) provides for a jury trial on the issues of public use and necessity. We affirm the district court, holding that, based upon the language of Section 42A-1-21 and the statute's history...

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