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KEARNEY LAKE, LAND & RES. CO. v. LAKE DeSMET RES. CO.

No. 3829.

475 P.2d 548 (1970)

KEARNEY LAKE, LAND & RESERVOIR COMPANY, a corporation, Appellant (Plaintiff below), v. LAKE DeSMET RESERVOIR COMPANY, a corporation, Appellee (Defendant below).

Supreme Court of Wyoming.

October 22, 1970.

Attorney(s) appearing for the Case

Burgess, Kennedy & Davis, Sheridan, for appellant.

W.J. Wehrli, Casper, and William J. Kirven, Buffalo, for appellee.

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

Mr. Justice PARKER delivered the opinion of the court.

Plaintiff, allegedly a Wyoming reservoir corporation engaged in the business of storing water from a tributary of Piney Creek, Johnson County, and distributing same to its stockholders for irrigation purposes, brought an action against defendant, also a Wyoming reservoir corporation engaged in storing water "from Piney Creek into Lake DeSmet," downstream from plaintiff, and sought to have defendant's permits in...

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