ARKANSAS STATE GAME & FISH COMMISSION v. KIZER

No. 5-198.

262 S.W.2d 265 (1953)

ARKANSAS STATE GAME & FISH COMMISSION et al. v. KIZER et al.

Supreme Court of Arkansas.

November 23, 1953.


Attorney(s) appearing for the Case

Ed E. Ashbaugh, Little Rock, for appellants.

John L. Anderson, Helena, for appellees.


GEORGE ROSE SMITH, Justice.

This is the second appeal in a suit brought by the appellee landowners to compel the White River Drainage District to maintain the surface level of Old Town Lake at an elevation of 159 feet above sea level. By intervention the Game and Fish Commission and the appellant landowners contended that the lake should be maintained at a level of 169 feet to protect the fish in its waters. After hearing the testimony of many witnesses and after...

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