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MERRILL v. BISHOP

No. 2669

74 Wyo. 298 (1955)

287 P.2d 620

MARY MERRILL, H. TRIANGLE LIVESTOCK COMPANY, INC., a Wyoming Corporation, JOHN A. GRABOSKI, H.O. DAVIS and BERTHA JONES, Plaintiffs and Appellants, vs. L.C. BISHOP, as State Engineer of the State of Wyoming, THANE H. BALDWIN, JR., as Water Superintendent for Division No. 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, WILLARD BADER, as Water Commissioner of District No. 5 of Division No. 3 of the State of Wyoming, CLYDE DUNCAN and FORREST DANIELS, and the successors in office of the Defendants, Bishop, Baldwin, Strain and Bader, Defendants and Respondents.

Supreme Court of Wyoming

September 13, 1955

Attorney(s) appearing for the Case

For the plaintiffs and appellants the cause was submitted upon the brief of W.M. Haight of Riverton, Wyoming, and Joseph Cavalli of Thermopolis, Wyoming, and oral argument by Mr. Haight.

For the defendants and respondents the cause was submitted upon the brief of Howard B. Black, Attorney General; Paul T. Liamos, Jr., Deputy Attorney General; James L. Hettinger, Assistant Attorney General; Robert A. McKay, Assistant Attorney General and oral argument by Mr. Black.

Heard before Riner, Chief Justice; Blume, Justice; and Kline, District Judge.

OPINION

BLUME, Justice.

This is an action to enjoin the State Engineer and other water officials from interfering with and closing their head gates in connection with their water rights from Owl Creek in Fremont county, Wyoming, and tributaries thereof. The case is here the second time. See Merrill v. Bishop, 69 Wyo. 45, 237 P.2d. 186. The first time the case was before us it involved...

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