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HIDALGO COUNTY WATER CONTROL & IMP. DIST. v. HIPPCHEN

No. 15806.

233 F.2d 712 (1956)

HIDALGO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 16, Appellant, v. Leonard J. HIPPCHEN and wife, June H. Hippchen, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 30, 1956.

Attorney(s) appearing for the Case

Sidney L. Farr, Edinburg, Tex., C. E. Blodget, Corwin C. Connell, Edinburg, Tex., Kelley, Looney, McLean & Littleton, Edinburg, Tex., of counsel, for appellant.

Robert F. Cherry, Edinburg, Tex., Rankin, Kilgore & Cherry, Edinburg, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

The sole question presented below by motions for summary judgment and here by appeal is whether or not appellant has an easement authorizing construction of an irrigation canal and barrow ditch across a portion of appellees' lot (described as follows: All of the N½ of Lot 18, Bk. 11, containing 8 acres more or less, of Texan Gardens, a subdivision in Hidalgo County, Texas), and was, therefore, entitled to occupy and construct the canal...

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