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EL PASO COUNTY WATER IMP. DIST. NO. 1 v. CITY OF EL PASO

No. 15954.

243 F.2d 927 (1957)

EL PASO COUNTY WATER IMPROVEMENT DISTRICT NO. 1 et al., Appellants & Cross-Appellees, v. CITY OF EL PASO, Appellees & Cross-Appellant. CITY OF EL PASO, Appellees & Cross-Appellant, v. EL PASO COUNTY WATER IMPROVEMENT DISTRICT NO. 1 et al., Appellants & Cross-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 24, 1957.

Attorney(s) appearing for the Case

Eugene T. Edwards, El Paso, Tex., William H. Veeder, Atty. Dept. of Justice, Washington, D. C., Louis A. Scott, Holvey Williams, Asst. U. S. Atty., El Paso, Tex., J. Lee Rankin, Sol. Gen. of U. S., Washington, D. C., for appellants.

Allen R. Grambling, H. E. Brockmoller, Travis White, Harold L. Sims, El Paso, Tex., for appellees.

Theodore Andress, El Paso, Tex., W. Morgan Hunter, Austin, Tex., Andress, Lipscomb, Peticolas & Fisk, El Paso, Tex., and Powell, Wirtz, Rauhut & McGinnis, Austin, Tex., of counsel, amici curiae on behalf of Ronald Miller et al.

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

HUTCHESON, Chief Judge.

El Paso Water Improvement District No. 1, organized under the laws of Texas, five individual land owners, all in the Texas unit of the Rio Grande Federal Reclamation Project, and the United States of America, as plaintiffs, brought this suit against the City of El Paso, a Texas municipal corporation, situated in the extreme western limit of the state on the north bank of the Rio Grande River.

The relief sought was the establishment...

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