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WARD v. YODER

No. 2926

355 P.2d 371 (1960)

James A. WARD and Nellie V. Ward, Appellants (Contestees and Petitioners below), v. Oscar T. YODER, Fox Creek Land and Livestock Company, Charles F. Swarm, Daniel Jensen and Bill W. Poage, Appellees (Contestants below). In the Matter of Proceedings in re Abandonment of Water Rights, Priority No. 19, Priority No. 28 and Priority No. 56 from Bear Creek.

Supreme Court of Wyoming.

September 15, 1960.

Attorney(s) appearing for the Case

James A. Greenwood and John F. Lynch, Cheyenne, for appellants.

George P. Sawyer, Stanley K. Hathaway, and Hathaway & Sigler, Torrington, for appellees.

Before BLUME, C.J., and PARKER and HARNSBERGER, JJ.

Mr. Justice PARKER delivered the opinion of the court.

Contestants Yoder, Swarm, Jensen, Poage, and Fox Creek Land and Livestock Company under the provisions of §§ 41-47 — 41-52, W.S. 1957, sought a legal declaration of abandonment before the Board of Control against contestees, James A. and Nellie V. Ward, of three water rights adjudicated July 7, 1891, priorities 19, 28, and 56. The Board of Control referred the matter for hearing to the superintendent...

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