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WHEATLAND IRR. DIST. v. TWO BAR-MULESHOE WATER CO.

No. 3574

431 P.2d 257 (1967)

WHEATLAND IRRIGATION DISTRICT, a Corporation, Appellant (Defendant below), v. TWO BAR-MULESHOE WATER COMPANY, Elbert L. Howe, William H. Beisner, Bernard R. McGuire, Arthur Burnett, Ellen Marie Burnett and Dora Burnett, Appellees (Plaintiffs below).

Supreme Court of Wyoming.

September 6, 1967.

Attorney(s) appearing for the Case

Wm. R. Jones, of Jones & Jones, Wheatland, Bard Ferrall, of Ferrall & Bloomfield, Cheyenne, for appellant.

John J. Rooney, of Rooney & Horiskey, Cheyenne, for appellees.

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

Mr. Justice McINTYRE delivered the opinion of the court.

This case involves a suit for specific performance of a contract entered into March 1, 1900 relative to the furnishing of irrigation water from a reservoir.

Under the contract The Swan Land and Cattle Company leased some 6,000 acres to Wyoming Development Company for such period as the lands "may be used and occupied" as the site of a reservoir for the retention and storage of water for supplying the...

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