LANGEL v. DAVIS

No. 18415.

347 P.2d 142 (1959)

Joseph C. LENGEL, Ernest L. McArthur, Sherman H. Corliss, John Homm, Howard Homm, Clifford Shanks and Elsie Shanks, Plaintiffs in Error, v. Chester V. DAVIS, Ralph Kleweno and Luella Kleweno, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 21, 1959.


Attorney(s) appearing for the Case

Akolt, Turnquist, Shepherd & Dick, Denver, Grutter & Callahan, Wray, for plaintiffs in error.

Thomas & Thomas, Denver, for defendants in error.


HALL, Justice.

The parties appear here in reverse order of their appearance in the trial court; we refer to defendants in error as petitioners and to plaintiffs in error as respondents.

Petitioners in 1957 commenced this action seeking a decree authorizing a change in the point of diversion of the water decreed to the Ireland Ditch. Respondents appeared and filed their protest to the proposed change.

In their protest respondents deny that the Ireland...

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