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KAISER STEEL CORP. v. W. S. RANCH CO.

No. 1328.

391 U.S. 593 (1968)

KAISER STEEL CORP. v. W. S. RANCH CO.

Supreme Court of United States.

Decided June 3, 1968.

Attorney(s) appearing for the Case

J. R. Modrall for petitioner.

William R. Federici for respondent.

Boston E. Witt, Attorney General, and F. Harlan Flint, Special Assistant Attorney General, filed a brief for the State of New Mexico on the relation of the New Mexico State Engineer, as amicus curiae, in support of the petition.

PER CURIAM.

Respondent brought this diversity suit in the United States District Court for the District of New Mexico, claiming an illegal trespass by petitioner and seeking damages and an injunction. Petitioner admitted the alleged trespass but claimed it was authorized to do this by N. M. Stat. Ann. § 75-1-3 (1953), in order to use water rights it had been granted by the State. Respondent contended that if § 75-1-3 were construed to authorize condemnation...

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