ANITA DITCH COMPANY v. TURNER

No. 3169.

389 P.2d 1018 (1964)

The ANITA DITCH COMPANY, Donald Mercer, Boyd Straight, Herman Mayland and Charles Shirran, individually and as a partner of Charles J. Shirran & Sons, a Partnership, Appellants (Appellants below), v. Carl J. TURNER, Appellee (Appellee below).

Supreme Court of Wyoming.

March 9, 1964.


Attorney(s) appearing for the Case

Robert A. Gish, of Zaring & Gish, Basin, for appellants.

Elmer J. Scott, of Scott & Joffe, Worland, for appellee.

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


Mr. Justice GRAY delivered the opinion of the court.

This appeal is the outgrowth of a proceeding before the State Board of Control for adjudication of a water right. The question presented is whether or not the trial court erred in dismissing an attempted appeal for failure of appellants (contestants below) to join an alleged indispensable party as an appellee.

Facts pertinent to the question, briefly stated, are as follows: In the year 1899, a predecessor...

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