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ATCHISON, T. & S. F. RY. CO. v. ELEPHANT BUTTE IRR. DIST.

No. 1932.

110 F.2d 767 (1940)

ATCHISON, T. & S. F. RY. CO. v. ELEPHANT BUTTE IRR. DIST. OF NEW MEXICO.

Circuit Court of Appeals, Tenth Circuit.

March 20, 1940.

Attorney(s) appearing for the Case

W. C. Reid, of Albuquerque, N. M., (E. C. Iden, of Albuquerque, N. M., and Holt & Holt, of Las Cruces, N. M., on the brief), for appellant.

Edwin Mechem, of Las Cruces, N. M., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

The Elephant Butte Irrigation District1 was organized in 1917 under ch. 60, N.M. St.Ann. 1915, as amended by ch. 100, N.M. S.L. 1915 and ch. 21, N.M.S.L. 1917. Within the exterior boundaries of the District at the time of its organization there were approximately 111,000 acres of land. Much of it was neither irrigable nor cultivable.

On June 15, 1918, the District entered into a contract with the United...

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