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BIG GOOSE AND BEAVER DITCH COMPANY v. WALLOP

No. 3149

382 P.2d 388 (1963)

BIG GOOSE AND BEAVER DITCH COMPANY, a Wyoming Corporation, J.W. Wilson, Jr., and Herbert Doenz, Appellants (Plaintiffs below), v. Oliver WALLOP, Appellee (Defendant below), The State Board of Control of the State of Wyoming, Earl Lloyd, Ben LeVasseur, Charles Lawrence, DeVere Hinckley, and David P. Miller, Members of Said Board (Defendants below).

Supreme Court of Wyoming.

June 7, 1963.

Attorney(s) appearing for the Case

Alfred M. Pence, Laramie, and James A. Greenwood, Cheyenne, for appellants.

W.J. Wehrli, Casper, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY, and McINTYRE, JJ.

Mr. Chief Justice PARKER delivered the opinion of the court.

This is a suit challenging the water right of a landowner whose predecessors in interest had disposed of their stock in the company through whose ditch the original owner of the land had diverted water. Plaintiffs, on their own behalf and on behalf of the stockholders of the ditch company, filed complaint for declaratory judgment in two counts, the first seeking a holding that water could not be diverted...

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