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 1        IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

 2 LION’S GATE WATER,

 3          Petitioner-Appellant,

 4 v.                                                                                   NO. 33,595

 5 JOHN R. D’ANTIONIO, JR.,
 6 STATE ENGINEER FOR THE
 7 STATE OF NEW MEXICO,

 8          Respondent-Appellee.

 9 APPEAL FROM THE DISTRICT COURT OF GRANT COUNTY
10 J. C. Robinson, District Judge

11 Robert S. Simon
12 Albuquerque, NM

13 for Appellant

14 Office of the State Engineer
15 Jonathan E. Sperber, Special Assistant Attorney General
16 Santa Fe, NM

17 for Appellee

18                                 MEMORANDUM OPINION

19 FRY, Judge.
1   {1}   Summary dismissal was proposed for the reasons stated in the notice of

2 proposed summary disposition. No memorandum opposing summary dismissal has

3 been filed, and Appellant filed a memorandum in support of this Court’s proposed

4 summary disposition.

5   {2}   DISMISSED.

6   {3}   IT IS SO ORDERED.

7                                      __________________________________
8                                      CYNTHIA A. FRY, Judge

9 WE CONCUR:



10 _________________________________
11 JONATHAN B. SUTIN, Judge



12 _________________________________
13 M. MONICA ZAMORA, Judge




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