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MILLER v. JENNINGS

No. 16135.

243 F.2d 157 (1957)

Ronald MILLER et al., Appellants, v. Robert W. JENNINGS et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 12, 1957.

Attorney(s) appearing for the Case

W. Morgan Hunter, Austin, Tex., Theodore Andress, El Paso, Tex. (Andress, Lipscomb, Peticolas & Fisk, El Paso, Tex., Powell, Wirtz, Rauhut & McGinnis, Austin, Tex., of counsel), for appellants.

Eugene T. Edwards, El Paso, Tex., William H. Veeder, David R. Warner, Alfred H. O. Boudreau, Jr., Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., Wm. Monroe Kerr, Asst. U. S. Atty., Louis A. Scott, El Paso, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., Holvey B. Williams, Asst. U. S. Atty., El Paso, Tex., for appellees.

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

JONES, Circuit Judge.

Again this court has for decision another of the frequently recurring controversies resulting from the drouth in the watershed of the upper Rio Grande. The appellants, who were plaintiffs below, are Hudspeth County Conservation & Reclamation District No. 1, a municipal corporation under Texas law; and five individuals who are landowners and water users in the Hudspeth District, and who assert that they are members of and represent a class...

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