W. S. RANCH COMPANY v. KAISER STEEL CORPORATION

No. 9295.

388 F.2d 257 (1967)

W. S. RANCH COMPANY, a New Mexico Corporation, Appellant, v. KAISER STEEL CORPORATION, a Nevada Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 1, 1968.


Attorney(s) appearing for the Case

A. K. Montgomery and Seth D. Montgomery, Santa Fe, N. M. (George W. Robertson, G. Gordon Robertson, Raton, N. M., and Richard S. Morris, Santa Fe, N. M., with them on brief), for appellant.

Paul A. Kastler, Raton, N. M., and George T. Harris, Jr., Albuquerque, N. M., for appellee.

Before MURRAH, Chief Judge, and BROWN and HICKEY, Circuit Judges.


MURRAH, Chief Judge.

This is an appeal from judgment of dismissal for failure to state a claim on which relief can be granted. The twofold question, presented and decided on the pleadings, is whether the New Mexico statutes grant the right of eminent domain to a private corporation for the purpose of securing water to be used in coal mining operations, and, if so, whether inverse condemnation proceedings is the sole remedy available to one whose land is so taken....

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