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BOARD OF TRUSTEES v. B.J. SERVICE, INC.

No. 7570.

406 P.2d 171 (1965)

BOARD OF TRUSTEES OF the TOWN OF FARMINGTON, New Mexico, Plaintiff-Appellant, v. B.J. SERVICE, INC., a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

September 27, 1965.

Attorney(s) appearing for the Case

LaVor W. Burnham, Farmington, for appellant.

James L. Brown, Farmington, for appellee.

OPINION ON MOTION FOR REHEARING

PER CURIAM:

Upon consideration on rehearing, the opinion on file is withdrawn and the following substituted:

OPINION

NOBLE, Justice.

The Town of Farmington condemned land of B.J. Service, Inc., for a street. Following exceptions to the commissioner's report, the issues were tried de novo in the district court, resulting in a damage award of $13,902, from which the town has appealed.

The court...

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