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CLARK v. BEAUPREZ

No. 20054.

377 P.2d 105 (1962)

Charles H. CLARK and Myrtle Clark, Plaintiffs in Error, v. Julius BEAUPREZ, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied January 7, 1963.

Attorney(s) appearing for the Case

Gaunt, Byrne & Dirrim, Brighton, for plaintiffs in error.

Hutchinson & Hutchinson, Stanley A. Black, Boulder, for defendant in error.

McWILLIAMS, Justice.

Beauprez sought and obtained an injunction against Charles H. Clark and Myrtle Clark which in general ordered them to cease and desist from discharging their underground water into Beauprez' irrigation ditch and thence onto his lands. By writ of error the Clarks seek reversal of that decree.

More specifically, the trial court's findings were, in part, as follows:

1. "The Defendants [Clarks] during the years 1954 and 1956 constructed...

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