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STAHMANN v. TELEPHANT BUTTE IRRIGATION DISTRICT

No. 6028.

294 P.2d 636 (1956)

61 N.M. 68

Deane F. STAHMANN, Trustee, W. Silver, and B.M. Mayfield, Plaintiffs-Appellants, v. ELEPHANT BUTTE IRRIGATION DISTRICT, Defendant-Appellee.

Supreme Court of New Mexico.

March 6, 1956.

Attorney(s) appearing for the Case

Whatley & Oman, Las Cruces, for appellants.

Edwin Mechem, J.D. Weir, Las Cruces, for appellee.

SADLER, Justice.

The plaintiffs as appellants here complain of a judgment of the district court of Dona Ana County in consolidated suits of a declaratory nature against Elephant Butte Irrigation District in which the court denied the right of each plaintiff to the refund of certain amounts paid for so called excess waters for the irrigation of their lands for the years 1948 and 1949. The parties will be designated in the opinion as they were in the court below.

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