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LINDSEY v. McCLURE

No. 2300.

136 F.2d 65 (1943)

LINDSEY v. McCLURE, State Engineer of New Mexico.

Circuit Court of Appeals, Tenth Circuit.

May 24, 1943.

Attorney(s) appearing for the Case

Langdon H. Larwill and Malcolm Lindsey, both of Denver, Colo., for appellant.

A. T. Hannett and M. C. Mechem, both of Albuquerque, N. M., for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Lindsey, as receiver of the San Luis Power and Water Company,1 a Colorado corporation, brought this action to enjoin McClure from enforcing an order issued by him as State Engineer of the state of New Mexico, prohibiting the Water Company from using certain irrigation works, situate in New Mexico, for diverting, storing, and carrying waters of the Costilla river for use on land situated in Colorado. The trial court...

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