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PLUMMER v. JOHNSON

No. 6113.

301 P.2d 529 (1956)

61 N.M. 423

Chester PLUMMER, H.L. McCrary, C.A. Tevis and H.J. McCrary, Appellants, v. Sam JOHNSON, Appellee, S.E. Reynolds, State Engineer of the State of New Mexico, Respondent.

Supreme Court of New Mexico.

Rehearing Denied October 3, 1956.

Attorney(s) appearing for the Case

Reese, McCormick & Lusk, Carlsbad, for appellants.

Lewis C. Cox, Jr., Roswell, for appellee.

Charles D. Harris and Jack Love, Roswell, for respondent.

COMPTON, Chief Justice.

Appellants are seeking a review of an order of the District Court of Roosevelt County dismissing their appeal from a decision of the state engineer. The state engineer cross-appeals from an order dismissing him out of the case.

Appellee, Sam Johnson, applied to the state engineer for a permit to appropriate waters from the Roosevelt County Underground Water Basin and appellants protested the same. Following a hearing before him, the...

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