New Mexico ex rel. New Mexico State Highway Department v. United States

This case comes before the court on plaintiffs exceptions to the recommended decision of Trial Judge Harry E. Wood, filed December 5, 1980, pursuant to Rule 134(h), having been submitted to the court on the briefs and oral argument of counsel. Upon consideration thereof, since the court agrees with the trial judge’s recommended decision, as hereinafter set forth*, it hereby affirms and adopts the decision as the basis for its judgment in this case. Therefore, it is concluded that plaintiff is not entitled to recover, and the petition is dismissed.

OPINION OF TRIAL JUDGE

WOOD, Trial Judge:

In…