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TONGUE CREEK ORCHARD CO. v. TOWN OF ORCHARD CITY

No. 17487.

280 P.2d 426 (1955)

131 Colo. 177

The TONGUE CREEK ORCHARD COMPANY, a Corporation, Roblee T. Talbott, Nellie Talbott, Mildred Talbott, C. V. Hallenbeck, Dan Kehmeier, Alberta Kehmeier and Floyd Hawkins, Plaintiffs in Error, v. TOWN OF ORCHARD CITY, a Municipal Corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 14, 1955.

Attorney(s) appearing for the Case

Sparks & Conklin, Delta, for plaintiff in error.

Stewart & Brown, Delta, for defendant in error.

LINDSLEY, Justice.

Petitioners herein, defendant in error, sought a change of point of diversion of a water right, and plaintiffs in error appeared as objectors thereto. We shall refer to the parties as they appeared in the trial court.

Petitioner, Orchard City, is an incorporated town situated in the County of Delta, State of Colorado. In the latter part of 1953 petitioner purchased from Earl A. Johnson and Nellie E. Johnson certain ranch property located...

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