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NORTH STERLING IRRIGATION DISTRICT v. KNIFTON

No. 18118.

320 P.2d 968 (1958)

The NORTH STERLING IRRIGATION DISTRICT, a corporation, Stafford Rogers, and Lee A. Adams, Plaintiffs in Error, v. John KNIFTON, Charles J. Knifton, and Shell Oil Company, a corporation, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied February 17, 1958.

Attorney(s) appearing for the Case

Kreager & Sublett, Sterling, for plaintiffs in error North Sterling Irr. Dist.

George A. Epperson, Fort Morgan, T. Murray Robinson, Oklahoma City, Okl., for plaintiffs in error Stafford Rogers and Lee A. Adams.

Jesse M. Davis, Gordon Watts, Tulsa, Okl., Lennartz & Ecker, Sterling, for defendant in error Shell Oil Co.

Lennartz & Ecker, Sterling, for defendant in error John Knifton and Charles J. Knifton.

KNAUSS, Justice.

In the trial court defendants in error were plaintiffs and plaintiffs in error were defendants. We will refer to them by name, or as they appeared in the trial court; the North Sterling Irrigation District will be referred to as the "District".

Involved in this action is the interpretation of a "Right of Way Deed" executed in August 1909 by John DeSutto to the District covering a "strip of ground...

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