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PECOS COUNTY WATER CONTROL AND IMP. DIST. v. WILLIAMS

No. 5024.

271 S.W.2d 503 (1954)

PECOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, Appellant, v. Clayton W. WILLIAMS et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied September 29, 1954.

Attorney(s) appearing for the Case

Garland Casebier and Hart Johnson, Fort Stockton, Brian Montague, Del Rio, for appellant.

Maurice R. Bullock, Fort Stockton, Looney, Clark & Moorehead, Charles D. Matthews, Everett L. Looney, Austin, Will A. Hadden, Jr., Fort Stockton, Upton, Upton, Baker & Griffis, San Angelo, Kelly, Looney, McLean & Littleton, Edinburg, for appellees.

Joe R. Greenhill, Austin (Graves, Dougherty & Greenhill, Austin, of counsel), amicus curiae for High Plains Underground Water Conservation Dist. No. 1.

FRASER, Justice.

The plaintiff below is appellant here and the parties will hereinafter be described as they were in the trial court, appellees having been defendants and appellant having been plaintiff.

The controversy arose by virtue of the fact that plaintiff claims and alleges that the properties serviced by it have used and enjoyed the waters of Comanche Springs for some ninety years, and that prior to the institution of this lawsuit about 1951 the defendants...

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