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BARR v. GAME, FISH AND PARKS COMMISSION

No. 71-195.

497 P.2d 340 (1972)

Catherine Liggett BARR et al., Plaintiffs-Appellees, v. The GAME, FISH AND PARKS COMMISSION of the State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 18, 1972.

Certiorari Denied June 5, 1972.

Attorney(s) appearing for the Case

Oakley Wade, Las Animas, for plaintiffs-appellees, Catherine Liggett Barr, James M. Smith, Carrie F. Hall, Wesley Sage, Cecil and Amelia Tombleson, Olive M. Sterrett and William Walker.

Grant, Shafroth, Toll & McHendrie, Douglas McHendrie, Denver, for plaintiffs-appellees, LaMar Farms, a partnership, Ernest Hofmeister, as next friend of Brent Hofmeister and Gary Hofmeister, minors, and Atchison, Topeka and Santa Fe Ry. Co., a corp.

Gordon, Lefferdink & Legg, John J. Lefferdink, Lamar, for plaintiff-appellee The Fort Bent Ditch Co., a corp.

Berge, Martin & Clark, Warren Martin, Duke W. Dunbar, Atty. Gen., Gerald W. Wischmeyer, Asst. Atty. Gen., Denver, for defendant-appellant.

Henry, Cockrell, Quinn & Creighton, Victor Quinn, Denver, for amicus curiae, The Agricultural Ditch & Reservoir Co. and The Consolidated Mutual Water Co.

Selected for Official Publication.

COYTE, Judge.

The parties will be referred to herein as they appeared in the trial court. The Agricultural Ditch & Reservoir Company and The Consolidated Mutual Water Company were allowed to file briefs and appear in oral arguments as amicus curiae.

Defendant constructed a dam on Clay Creek in Prowers County about four miles above the confluence of Clay Creek with the...

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