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CITY OF COLORADO SPRINGS v. BENDER

No. 19483.

366 P.2d 552 (1961)

CITY OF COLORADO SPRINGS, a municipal corporation, the Broadmoor Hotel, Inc., and the South Suburban Water Company, Plaintiffs in Error, v. Thomas L. BENDER and Grace C. Bender, Defendants in Error.

Supreme Court of Colorado. En Banc.

November 27, 1961.

Attorney(s) appearing for the Case

F. T. Henry, Colorado Springs, for City of Colorado Springs.

Karl R. Ross, Colorado Springs, for the South Suburban Water Co.

Ben S. Wendelken, Colorado Springs, for the Broadmoor Hotel, Inc.

Moses & DeSouchet, Alamosa, for defendants in error.

MOORE, Justice.

This action was brought in the district court by the above named defendants in error against the plaintiffs in error for an injunction restraining the latter from diverting water from certain underground water resources in alleged violation of the rights of prior appropriation claimed by plaintiffs. They also sought damages. We will refer to defendants in error as "plaintiffs" or "Bender," and to plaintiffs...

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