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STATE EX REL. S. HWY. DEPT. OF N. M. v. BRANCHAU

No. 11201.

565 P.2d 1013 (1977)

90 N.M. 496

STATE of New Mexico, ex rel. STATE HIGHWAY DEPARTMENT of New Mexico, Petitioner-Appellant, v. Dorothea A. BRANCHAU et al., Defendant-Appellee.

Supreme Court of New Mexico.

June 22, 1977.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Richard Russell, Henry Rothschild, State Highway Dept. Asst. Attys. Gen., Santa Fe, for appellant.

Jones, Gallegos, Snead & Wertheim, J.E. Gallegos, Steven L. Tucker, Santa Fe, for appellee.

OPINION

McMANUS, Chief Justice.

The State of New Mexico brought an eminent domain action in the District Court of Quay County seeking to acquire some of Branchau's property. The jury returned a verdict in the sum of $21,800 and the State appealed. We reverse.

The State's basic contention was that the trial court erred in permitting Nathan Bell, an expert witness called on behalf of Branchau, to testify even though he was not listed in the pretrial...

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