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Mathers V. Texaco Inc.

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eBook details

  • Title: Mathers V. Texaco Inc.
  • Author : New Mexico Supreme Court
  • Release Date : January 31, 1966
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

The protestants-appellees, hereinafter referred to as protestants, who had acquired prior rights to appropriate waters from the Lea County Underground Water Basin, appealed to the district court of Lea County from the findings and order of the State Engineer. The trial judge, after careful consideration of the respective contentions of the parties, predicted his decision upon what he conceived to be the law applicable to the facts as reflected in the record of the hearing before the State Engineer, as is required by the decisions of this court. Continental Oil Co. v. Oil Conservation Comm., 70 N.M. 310, 373 P.2d 809; Kelley v. Carlsbad Irrigation Dist., 71 N.M. 464, 379 P.2d 763; Ingram v. Malone Farms, Inc., 72 N.M. 256, 382 P.2d 981; Derrick v. Reynolds, 74 N.M. 181, 392 P.2d 13; Durand v. Reynolds, 75 N.M. 497, 406 P.2d 817. He concluded that the findings and order of the State Engineer were contrary to the evidence, and therefore, arbitrary, unreasonable and unlawful. Judgment was entered accordingly, and from this judgment Texaco and the State Engineer have taken this appeal.


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