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YENTZER v. HEMENWAY

No. 3632.

440 P.2d 7 (1968)

Ellen Marie YENTZER, Paul F. Reinke, Jeanette Reinke, Fred E. Reinke, and Luella E. Reinke, Appellants (Contestees and plaintiffs below), v. Ruth Gonder HEMENWAY et al., Appellees (Contestants and defendants below).

Supreme Court of Wyoming.

April 19, 1968.

Attorney(s) appearing for the Case

James A. Greenwood, Roseburg, Or., for appellants.

Leonard McEwan, Sheridan, for appellees.

James E. Barrett, Atty. Gen., Edward L. Grant, Asst. Atty. Gen., Thomas E. Cahill, Sp. Asst. Gen., Amici Curiae.

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

Mr. Justice PARKER delivered the opinion of the court.

This appeal is a culmination of legal action by junior appropriators of irrigation water seeking to have partial abandonment declared against holders of senior rights, the initial action being taken as a contest under the provisions of § 41-48, W.S. 1957, with certain departures therefrom by stipulation of the parties. That contest resulted in declarations of abandonment in certain situations and some of...

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