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CITY AND COUNTY OF DENVER v. JUST

No. 24005.

487 P.2d 367 (1971)

The CITY AND COUNTY OF DENVER, a Colorado municipal corporation, acting by and through and for the use of its Board of Water Commissioners, Plaintiff in Error, v. Alfred C. JUST and Gladys S. Just, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 9, 1971.

Attorney(s) appearing for the Case

Saunders, Dickson, Snyder & Ross, Jack F. Ross, George L. Zoellner, J. J. Petrock, Denver, for plaintiff in error.

Jon K. Mulford, Granby, for defendants in error.

GROVES, Justice.

The defendants in error, called the Justs, brought an action against Denver and others to quiet the title to a 7/25ths interest in a decree of 25.22 cubic feet of water per second of time (cfs) to the Crooked Creek Supply Ditch out of St. Louis Creek in Grand County. The Justs prevailed, and Denver sued out this writ of error. We reverse.

One Ralph Ord obtained the decree for the full 25.22 cfs on August 3, 1911. On November 12, 1914, Ord...

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