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BEAN v. UNITED STATES

No. 71-57.

163 F.Supp. 838 (1958)

J. B. BEAN et al. v. UNITED STATES.

United States Court of Claims.

July 16, 1958.

Attorney(s) appearing for the Case

W. Morgan Hunter, Austin, Tex., Theodore Andress, El Paso, Tex., Thurman Arnold, Arnold, Fortas & Porter, Washington, D. C., Andress, Lipscomb & Peticolas & Fisk, El Paso, Tex., and Powell, Rauhut, McGinnis & Reavley, Austin, Tex., on the briefs, for plaintiffs.

Alfred H. O. Boudreau, Jr., and David R. Warner, Washington, D. C., with whom was Perry W. Morton, Asst. Atty. Gen., Walter Kiechel, Jr., Washington, D. C., on the briefs, for defendant.

WHITAKER, Judge.

Plaintiffs sue for the taking by defendant of rights they claim in the waters of the Rio Grande River. Their properties lie in the Hudspeth County Conservation and Reclamation District No. 1 (hereinafter called Hudspeth District). This district adjoins the El Paso District to the north, which El Paso District is a part of defendant's Rio Grande irrigation project.

The case comes before us on defendant's motion for summary judgment on the limited...

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