CLEMENTS v. CARLSBAD IRRIGATION DISTRICT

No. 7384.

394 P.2d 139 (1964)

74 N.M. 373

In the Matter of the Amended Applications of J.H. CLEMENTS, RA-4390, and O.L. Anderson, RA-4135, Applicants-Appellants, v. CARLSBAD IRRIGATION DISTRICT, Protestant-Appellee, State Engineer of New Mexico, Respondent-Appellee.

Supreme Court of New Mexico.

Rehearing Denied July 20, 1964.


Attorney(s) appearing for the Case

C.R. Brice, H.C. Buchly, Donald Brown, Roswell, for appellants.

Stagner, Sage, Walker & Estill, Carlsbad, for Carlsbad Irr. Dist.

Earl E. Hartley, Atty. Gen., Santa Fe, Charles D. Harris, Special Asst. Atty. Gen., Roswell, for State Engineer of N. Mex.


PER CURIAM.

On motion for rehearing it has been made amply clear that under the rule announced by us in Adams v. Tatsch, 68 N.M. 446, 362 P.2d 984, the appeal herein was timely and the court has jurisdiction. Accordingly, the opinion heretofore filed dismissing the appeal is withdrawn and the following substituted:

OPINION

MOISE, Justice.

Appellants are the owners of rights...

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