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STATE v. McMILLIN

No. 19879.

370 P.2d 435 (1962)

The STATE of Colorado, The State Department of Agriculture, and Paul W. Swisher, Commissioner of Agriculture of the State of Colorado, Plaintiffs in Error, v. R. M. McMILLIN, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied April 23, 1962.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Clifton A. Flowers, Asst. Atty. Gen., Denver, for plaintiffs in error.

Sheldon & Nordmark, Richard C. McLean, Denver, for defendant in error.

DAY, Chief Justice.

We will refer to the plaintiffs in error, The State Department of Agriculture and the Commissioners as the department and to the defendant in error as the defendant.

The department brought suit against the defendant to recover his "proportionate share of the costs" of spraying operations conducted upon his lands by the department in the summer of 1958 as part of a program to eradicate a threatened grasshopper plague in Prowers County, Colorado...

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