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WHITTEN v. COIT

No. 20032.

385 P.2d 131 (1963)

J. E. WHITTEN, State Engineer of Colorado, Frederick Paddock, Irrigation Division Engineer of Irrigation Division No. 4, Woodrow W. Saunders, Water Commissioner of Water District No. 42 of the State of Colorado, Plaintiffs in Error, v. Lincoln D. COIT, Executor of the Estate of M. Humphries, Deceased, J. Lewis Ford, et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

September 9, 1963.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John B. Barnard, Jr., Sp. Asst. Atty. Gen., Denver, for plaintiffs in error.

Albin Anderson, Grand Junction, for defendant in error J. Lewis Ford.

Smith, Holmes, Williams & Turner, Traylor, Ela, Kladder & Harshman, Reams, Uhrlaub & Carter, Grand Junction, for certain defendants in error joining in the brief of the Attorney General.

MOORE, Justice.

The controversy now presented for determination was before this court in an original proceeding entitled Prinster et al. v. District Court, 137 Colo. 393, 325 P.2d 938. A majority of the court determined that the controlling question should not be decided in an original proceeding and that the cause should proceed to final judgment to which a writ of error should be directed.

A statement of the facts pertinent...

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