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OGDEN RIVER WATER USERS' ASS'N v. WEBER BASIN W. CONS.

No. 5345.

238 F.2d 936 (1956)

OGDEN RIVER WATER USERS' ASSOCIATION, a corporation, Appellant, v. WEBER BASIN WATER CONSERVANCY, E. O. Larson, individually and as Regional Director of the Bureau of Reclamation, United States Department of Interior; Clinton D. Woods, individually, and as Projects Manager of the Weber Basin Project of the United States Department of the Interior; The Utah Construction Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 10, 1956.

Attorney(s) appearing for the Case

David K. Holther, Ogden, Utah, and John W. Cragun, Washington, D. C. (John S. Boyden, Salt Lake City, Utah, on the brief), for appellant.

Neil R. Olmstead, Odgen, Utah (E. J. Skeen, Salt Lake City, Utah, on the brief), for appellee Weber Basin Water Conservancy Dist.

William H. Veeder, Atty. Dept. of Justice, Washington, D. C. (J. Lee Rankin, Asst. Atty. Gen., and A. Pratt Kesler, U. S. Atty., for the District of Utah, Salt Lake City, Utah, on the brief), for appellees E. O. Larson and Clinton D. Woods.

Before BRATTON, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Appellant Ogden River Water Users' Association1 is a nonprofit corporation organized and existing under and by virtue of the laws of the State of Utah with its principal place of business at Ogden, Utah. In May, 1934, appellant entered into a contract with the United States, such contract being superseded and amended by subsequent agreements culminating in an amendatory contract dated May 23, 1950,

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