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STATE OF TEXAS v. PANKEY

No. 353-70.

441 F.2d 236 (1971)

The STATE OF TEXAS, Plaintiff-Appellant, v. Reuben PANKEY, Jim Brown, Marcus Burks, W. F. Martin, Frank Sauble, T. L. Roach, Carl Hennegan and Dewey Gann, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 8, 1971.

Second Rehearing Denied May 10, 1971.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen. of Tex., and Nola White, Alfred Walker, Vince Taylor, Roland Allen, Sally Phillips, Malcolm Smith, Richard W. Chote, Roger B. Tyler, Asst. Attys. Gen., filed brief for plaintiff-appellant.

Modrall, Seymour, Sperling, Roehl & Harris, and James E. Sperling and John R. Cooney, Albuquerque, N. M., filed brief for defendants-appellees.

Before LEWIS, Chief Judge, and PHILLIPS and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The appeal is from the dismissal, for lack of jurisdiction, of a suit for an injunction, instituted by the State of Texas in the District Court for the District of New Mexico, against some citizens of the State of New Mexico. We think the court erred in its holding, and we reverse.

Eight owners or operators of ranch lands within the watershed of the Canadian River in New Mexico were named as defendants, and all other New Mexico ranchers...

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