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MERRILL v. BISHOP

No. 2480

69 Wyo. 45 (1951)

237 P.2d 186

MARY C. MERRILL, MARGARET M. BROWN, GEORGIA K. MERRILL, ALBERTA A. WEBBER, FLORENCE M. BANNON, JOHN A. GRABOSKI, ARTHUR L. MILLER, H.O. DAVIS, IRA B. CULLERS, as Administrator of the Estate of A.C. CULLERS, Deceased, and BERTHA JONES, Plaintiffs and Appellants, vs. L.C. BISHOP, as State Engineer of the State of Wyoming; GUY W. HIGBY, as Water Superintendent for Division Number 3, of the State of Wyoming; P.T. STRAIN, as Water Commissioner at Large for the State of Wyoming, and as Assistant State Engineer of the State of Wyoming; JACK HAYNES, as Water Commissioner of District Number 5, of Division Number 3, of the State of Wyoming, Defendants and Respondents.

Supreme Court of Wyoming

November 6, 1951

Attorney(s) appearing for the Case

For the plaintiffs and appellants the cause was submitted upon the brief of Noble and Cavalli of Thermopolis, Wyoming, and Kenneth R.L. Simmons of Billings, Montana, and oral argument by Mr. Simmons.

For the defendants and respondents the cause was submitted upon the brief of Norman B. Gray, former Attorney General; Marion R. Smyser, former Deputy Attorney General; and Harry A. Thompson, former Assistant Attorney General, all of Cheyenne, Wyoming, and oral argument by H.S. Harnsberger now Attorney General of Cheyenne, Wyoming.

OPINION

BLUME, Justice.

The petition in this case filed on October 18, 1949 alleges and discloses the following facts: The defendant L.C. Bishop is the State Engineer for the State of Wyoming; the defendant Guy W. Higby is the Water Superintendent in Division No. 3 of the state; the defendant P.T. Strain acts as Water Commissioner of the state at Large; the defendant Jack Haynes is the acting Water Commissioner for District No. 5 of Division No. 3. By virtue...

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