UPPER HARMONY DITCH COMPANY v. STUNKARD

No. 24123.

492 P.2d 631 (1972)

UPPER HARMONY DITCH COMPANY, a Colorado corporation, Plaintiff in Error, v. Jim A. STUNKARD et al., Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied January 24, 1972.


Attorney(s) appearing for the Case

Raphael J. Moses, George Vranesh, Boulder, Neil L. Carleton, Sterling, for plaintiff in error.

Giacomini & Giacomini, Robert W. Giacomini, Sterling, Davis, Graham & Stubbs, Clyde O. Martz, Rothgerber, Appel & Powers, Donald L. Giacomini, Denver, for defendants in error.


GROVES, Justice.

The plaintiff ditch company sought to enjoin the defendants from diverting water from Ramsey Draw and to obtain damages for such past diversions by the defendants. After certain depositions had been taken, affidavits filed and other documentary evidence was before the court, it granted the defendants' motion for summary judgment, stating that the plaintiff might file "amended pleadings or Motion For New Trial within twenty days if it so desires."...

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