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BISHOP v. CITY OF CASPER

No. 3521.

420 P.2d 446 (1966)

Floyd A. BISHOP, State Engineer, State of Wyoming, Appellant (Plaintiff below), v. CITY OF CASPER, a Wyoming municipality, and J. M. McIntire, Earl R. Johnson, M. Joseph Burke, Donald E. Chapin and Don W. Harris, as members of the Casper Board of Public Utilities of Casper, Wyoming, Appellees (Defendants below).

Supreme Court of Wyoming.

December 7, 1966.

Attorney(s) appearing for the Case

Dean W. Borthwick, Deputy Atty. Gen., and Thomas E. Cahill, Asst. Atty. Gen., Cheyenne, for appellant.

W.J. Wehrli, Casper, for appellees.

Before PARKER, C.J., and HARNSBERGER, GRAY and McINTYRE, JJ.

Mr. Chief Justice PARKER delivered the opinion of the court.

The State Engineer filed a complaint under the provisions of § 41-126(j), W.S. 1957, alleging that William Humborg of Casper had a fourteen-foot well on certain land outside the city limits of Casper, which well, drilled in 1935, did not have a permit, since it was drilled prior to 1947 when one was not required; that in 1961 another well was drilled to a depth of twenty-four feet, it too being without...

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