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STATE EX REL. STATE HIGHWAY COMMISSION v. BROCK

No. 8094.

451 P.2d 984 (1968)

80 N.M. 80

STATE of New Mexico ex rel. State HIGHWAY COMMISSION of New Mexico, Plaintiff-Appellant, v. Woodrow Wilson BROCK, Charleen P. Brock, John J. Radosevich, Ann Radosevich, First State Bank and the Merchants Bank of Gallup, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied April 8, 1969.

Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Joseph L. Droege, George E. McDevitt, Sp. Asst. Attys. Gen., Santa Fe, for appellant.

Hannett, Hannett & Cornish, Albuquerque, for appellees.

Benjamin M. Sherman, Paul F. Sherman, Bert E. Newland, I.M. Smalley, Ray Hughes, Deming, amicus curiae.

OPINION

PER CURIAM.

The motion for rehearing is denied, the original opinion filed herein withdrawn and the following substituted therefor:

NOBLE, Justice.

Woodrow Wilson Brock and Charleen, his wife, (hereafter referred to as Brock) and John J. Radosevich and Ann, his wife, (hereafter referred to as Radosevich) owned land fronting on U.S. 66, a twenty-four foot, two-lane paved highway. The State...

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