AMERICAN CYANAMID COMPANY v. SPARTO

No. 17452.

267 F.2d 425 (1959)

AMERICAN CYANAMID COMPANY Appellant, v. M. G. SPARTO et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 19, 1959.


Attorney(s) appearing for the Case

John A. Kerr, Fort Worth, Tex., for appellant.

Rex McEntire, Doyle Willis, George D. Busch, Willis & Busch and Herrick & McEntire, Fort Worth, Tex., for appellees.

Before RIVES, JONES and WISDOM, Circuit Judges.


JONES, Circuit Judge.

In 1935 the appellees, all members of the same family and all residents of Texas, purchased a 57-acre tract of land in the City of Fort Worth, Tarrant County, Texas. They have engaged in truck farming on 46.22 acres of this tract since 1936. The tract is bounded on the south and west by the Trinity River. The appellees, with the aid of three centrifugal pumps, have used the river's waters for irrigation whenever it was needed. In 1942 the appellant...

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