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MOUNTAIN MEADOW DITCH & IRR. CO. v. PARK DITCH & R. CO.

No. 17225.

277 P.2d 527 (1954)

The MOUNTAIN MEADOW DITCH AND IRRIGATION COMPANY, a corporation, Plaintiff In Error, v. The PARK DITCH AND RESERVOIR COMPANY, a corporation, Austin Heuschkel, John McNulty, Robert C. Lewis, Glenn A. Haff and Fred Kroelling, Defendants in Error.

Supreme Court of Colorado, En Banc.

December 13, 1954.

Attorney(s) appearing for the Case

W. E. Parkison, Charles F. Stewart, Glenwood Springs, for plaintiff in error.

Robert Delaney, Kenneth Balcomb, Jr., Glenwood Springs, for defendants in error.

STONE, Chief Justice.

The Mountain Meadow Ditch, owned by plaintiff in error, was awarded a decree for 25.6 second feet, Priority No. 217-BB, as of date of May 31, 1902, out of Cattle Creek, and defendants in error, who were plaintiffs below, are owners of ditches having decrees junior to the Mountain Meadow Ditch.

It was alleged in the complaint that the adjudication of said priority to the Mountain Meadow Ditch...

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