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MAVERICK COUNTY WATER C. & I. DIST. v. CITY OF LAREDO

No. 13729.

346 S.W.2d 886 (1961)

MAVERICK COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. I et al., Appellants, v. CITY OF LAREDO, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied May 17, 1961.

Attorney(s) appearing for the Case

Smith, McIlheran & Jenkines, Weslaco, Ewers, Toothaker, Ewers, Elick, Jones & Abbott, McAllen, A. G. Haigh, Sawnie B. Smith, Kelley, Looney, McLean & Littleton, Edinburg, Hill, King, McKeithan & Reynolds, Mission, for appellants.

R. J. Goodman, Robert Phelps, Mann, Byfield & Castillon, Laredo, for appellee.

POPE, Justice.

This case presents procedural problems of stream litigation occasioned by the absence of rules and statutes suited to this special class of case. Certain Hidalgo County litigants have appealed from an order of the District Court of Webb County temporarily enjoining them, as lower water diverters, from prosecuting a separate action in Hidalgo County against upper water diverters located between Falcon Dam and Kinney County. The point in the case is whether...

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