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

No. 3829.

487 P.2d 324 (1971)

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

Supreme Court of Wyoming.

July 14, 1971.

Attorney(s) appearing for the Case

Henry A. Burgess, Sheridan, for appellant.

Wiliam J. Kirven, of Kirven & Hill, Buffalo, for appellee.

James E. Barrett, Atty. Gen., and Herbert S. Rovner, Sp. Asst. Atty. Gen., as amicus curiae.

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

ON REHEARING

Mr. Justice GRAY delivered the opinion of the court.

In Kearney Lake, Land & Reservoir Company v. Lake DeSmet Reservoir Company, Wyo., 475 P.2d 548, we upheld the dismissal of plaintiff's petition by the lower court primarily on the ground that the petition was fatally defective in stating a claim upon which the relief requested could be granted. In passing upon the proposition that the court in view of...

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