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MONTEZUMA VALLEY IRRIGATION COMPANY v. WILKERSON

No. 22082.

446 P.2d 703 (1968)

MONTEZUMA VALLEY IRRIGATION COMPANY, Plaintiff in Error, v. J. T. WILKERSON, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 25, 1968.

Attorney(s) appearing for the Case

Parga, Dyer & Vinyard, Robert Parga, Cortez, for plaintiff in error.

George R. Armstrong, Cortez, for defendant in error.

McWILLIAMS, Justice.

Montezuma Valley Irrigation Company, a mutual ditch company hereinafter referred to as the plaintiff, brought an injunctive action against J. T. Wilkerson, hereinafter referred to as the defendant. More specifically, it was alleged by plaintiff in its complaint that the defendant was unlawfully diverting water from the Rocky Ford lateral, which lateral was said to be owned by the plaintiff, and plaintiff asked that the defendant be enjoined from...

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