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SAUNDERS v. SPINA

No. 18161.

344 P.2d 469 (1959)

Inez B. SAUNDERS and Pete Alloy, Plaintiffs in Error, v. Ralph SPINA, Rose Spina, Irvin F. Oberle, Frank Scanga and Louise Scanga, Defendants in Error.

Supreme Court of Colorado, En Banc.

September 21, 1959.

Attorney(s) appearing for the Case

Stinemeyer & Stinemeyer, Canon City, William S. Rush, Robert P. Rush, Salida, for plaintiffs in error.

Boyle & Witty, Salida, for defendants in error.

SUTTON, Justice.

The parties will be referred to by name or as they appeared in the trial court, wherein plaintiffs in error were defendants and defendants in error were plaintiffs.

The action was brought by the Spinas and their tenant Oberle for damages and injunctive relief, basing their claims upon alleged rights as equal co-owners of water carried in an irrigation ditch, in which ditch they own an uncontroverted...

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