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UNITED STATES v. GREGORY

No. 6786.

300 F.2d 11 (1962)

UNITED STATES of America, Appellant, v. Frederick K. GREGORY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 16, 1962.

Attorney(s) appearing for the Case

Elizabeth Dudley, Washington, D. C. (Ramsey Clark, Washington, D. C., John Quinn, Albuquerque, N. M., and Roger P. Marquis, Washington, D. C., were with her on brief), for appellant.

A. T. Hannett, Albuquerque, N. M. (George W. Hannett, Albuquerque, N. M., was with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a judgment awarding appellee damages as a result of drainage of certain ponds located upon his 14.7-acre tract in the Middle Rio Grande area of New Mexico. The tract is surrounded by canals and ditches originally constructed by a conservancy agency of the State of New Mexico. The ponds in question were created by the seepage of water from the surrounding irrigation canals into hollows dug by appellee's predecessor. Appellee...

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