Application of Brown

LUJAN, Chief Justice.

This case involves an appeal from an order of the. State Engineer granting a permit to change the location of a well after such change had already been accomplished.

The case has previously come before us on a procedural point. Application of Brown, 61 N.M. 471, 302 P.2d 735. At the time the opinion was filed in the former appeal, a motion for summary judgment was pending in the trial court. Appellee sought a judgment dissolving and rescinding the permit for a change in well location issued to appellants Brown and Hoke by the State Engineer, also an appellant in this case.…