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ZOLLER v. MAIL CREEK DITCH COMPANY

No. 70-175.

498 P.2d 1169 (1972)

Emanuel E. ZOLLER et al., Plaintiffs-Appellees, v. The MAIL CREEK DITCH COMPANY, a Mutual Ditch Corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

June 20, 1972.

Attorney(s) appearing for the Case

Hill & Hill, Alden T. Hill, Alden V. Hill, Richard B. Manges, Fort Collins, for plaintiffs-appellees.

Fischer & Beatty, Ward H. Fischer, Albert P. Fischer, Fort Collins, for defendant-appellant.

Selected for Official Publication.

SILVERSTEIN, Chief Judge.

Plaintiffs, Mr. and Mrs. Zoller and Mr. Nelson, are stockholders in the defendant, The Mail Creek Ditch Company, a mutual ditch corporation. They brought this action to obtain a mandatory injunction to compel the company to carry and deliver, through the company ditch, water represented by shares of stock in another mutual ditch company. The defendant appeals from the judgment of the trial court...

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