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STATE OF NEW MEXICO v. BACKER

No. 4453.

199 F.2d 426 (1952)

STATE OF NEW MEXICO et al. v. BACKER et al.

United States Court of Appeals Tenth Circuit.

October 22, 1952.

Attorney(s) appearing for the Case

Quincy D. Adams, Albuquerque, N. M. (Claron E. Waggoner, Socorro, N. M., on the brief), for appellants.

Fred W. Smith, Atty. Dept. of Justice, Washington, D. C. (Ralph J. Luttrell, Acting Asst. Atty. Gen., Maurice Sanchez, U. S. Atty., Albuquerque, N. M., and Roger P. Marquis, Atty. Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

The State of New Mexico and the City of Truth or Consequences brought this action in the District Court of Sierra County New Mexico, against Labon Backer, acting construction engineer in charge of the Elephant Butte Dam and Reservoir, and certain employees of the United States Bureau of Reclamation, to restrain them from reducing the water level of the reservoir to a point which would destroy the fish in the reservoir and create a health menace...

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