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CONDICT v. RYAN

No. 2827

79 Wyo. 211 (1958)

333 P.2d 684

Aurilla P. Condict, as Executrix of the Estate of W.C. Condict, Deceased; Aurilla P. Condict, Maysel H. Condict, Winthrop C. Condict, Jr., and Alden Revelle Condict, as residuary devisees and legatees of Winthrop C. Condict, Deceased; State Board of Control of the State of Wyoming; and L.C. Bishop, as State Engineer, Appellants, (Defendants below) vs. Cecil A. Ryan, Appellee, (Plaintiff below)

Supreme Court of Wyoming

December 16, 1958

Attorney(s) appearing for the Case

For the appellants, the cause was submitted upon the brief of Greenwood, Ferrall & Bloomfield of Cheyenne, Wyoming, and oral argument by Mr. James A. Greenwood.

For the appellee, the cause was submitted upon the brief of Brimmer & Brimmer of Rawlins, Wyoming, and oral argument by Mr. Clarence A. Brimmer, Jr.

Heard before Blume, C.J. and Harnsberger and Parker, JJ.

OPINION

Mr. Justice HARNSBERGER delivered the opinion of the court.

Plaintiff Cecil A. Ryan sought adjudication that he is the sole owner of a reservoir, entitled to the exclusive right to use and control the waters impounded therein and to enjoin State authorities from allocating or distributing any of the reservoir waters to others.

The court tried the case without jury and determined plaintiff was the...

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