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AUSTIN v. KOCH

No. 19477.

362 P.2d 167 (1961)

Noble AUSTIN, Plaintiff in Error, v. George H. KOCH and Virgie R. Koch, Defendants in Error.

Supreme Court of Colorado. En Banc.

May 22, 1961.

Attorney(s) appearing for the Case

Moses & DeSouchet, Alamosa, for plaintiff in error.

Boyle & Witty, Salida, Max C. Wilson, Canon City, for defendants in error.

DOYLE, Justice.

Austin, to whom we will refer by name or as plaintiff, instituted this action to restrain the Kochs from interfering with the dam at Austin's headgate. A temporary restraining order was issued without notice and subsequently a supplemental complaint alleging interference with plaintiff's water supply was filed. Hearing was had on plaintiff's motion for a temporary injunction which was denied. Following the...

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