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RABER v. LOHR

No. 19928.

380 P.2d 24 (1963)

Leon F. RABER, Plaintiff in Error, v. Hulda J. LOHR, Individually and as Executrix of the Estate of Frank Lohr, Deceased, and Edward G. Lohr, Defendants in Error.

Supreme Court of Colorado. En Banc.

March 25, 1963.

Attorney(s) appearing for the Case

Elizabeth A. Conour, Del Norte, for plaintiff in error.

William R. Bartlett, Monte Vista, Moses & DeSouchet, Alamosa, for defendant in error.

McWILLIAMS, Justice.

This writ of error presents a controversy as to the "ownership" or "right to divert and use" one cubic foot of water per second of time decreed to the Minor Ditch under Priority No. 190, this particular right being hereinafter referred to as the "Knowlton and Lohr interest".

Leon F. Raber asserted his claim to ownership of the Knowlton and Lohr interest in a "separate" amended counterclaim filed by him in an injunctive action originally...

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