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CRESSON CONSOLIDATED GOLD MIN. & MILL. CO. v. WHITTEN

No. 18128.

338 P.2d 278 (1959)

CRESSON CONSOLIDATED GOLD MINING & MILLING CO., a Colorado Corporation, and the United Gold Mines Co., a Colorado Corporation, Plaintiffs in Error, v. J. E. WHITTEN, State Engineer, F. C. Snyder, Division Engineer, Irrigation Division No. 2, O. R. Van Cleve, Water Commissioner, Water District No. 12 In the State of Colorado, and Canon Heights Irrigation & Reservoir Company, a Corporation, J. Eric Freek, James Like, Anna Like, Joe L. Rhode, Elizabeth J. Rhode, Charles H. Canterbury, Clyde T. Chess, J. Frank Dilley, W. M. Fansher, A. J. Green, W. A. MacKenzie, Earl Carpenter, Virgil Towner, and L. J. Runner, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 11, 1959.

Attorney(s) appearing for the Case

Thomas M. Burgess, Kenneth W. Geddes, F. T. Henry, Colorado Springs, for plaintiffs in error.

Stinemeyer & Stinemeyer, H. R. Harward, Canon City, for defendants in error.

HALL, Justice.

Prior to July 7, 1942, the Golden Cycle Corporation, hereinafter referred to as Cycle, original plaintiff in this action, had driven the Carlton Tunnel some five miles into the mountain side in Teller County. The tunnel, located at an elevation of 6,893 feet, was driven for the purpose of draining mines in the Cripple Creek mining district, so that they might be worked at lower levels, and also for the purpose...

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