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SCOTT v. SWARTZ

No. 4271.

522 P.2d 151 (1974)

Harold SCOTT, Appellant (Defendant below), William Long, as Superintendent of Water Division No. 2, et al., (Defendants below), v. Grover Harris SWARTZ et al., Appellees (Plaintiffs below).

Supreme Court of Wyoming.

Rehearing Denied July 10, 1974.

Attorney(s) appearing for the Case

William G. Watt, of Dunlap & Watt, Gillette, Jack R. Gage, of Hanes, Carmichael, Johnson, Gage & Speight, Cheyenne, for appellant.

Henry A. Burgess, of Burgess & Davis, Sheridan, for appellees.

Clarence A. Brimmer, Atty. Gen. and James H. Barrett, Sp. Asst. Atty. Gen., Cheyenne, for amicus curiae.

Before PARKER, C.J., McINTYRE and McCLINTOCK, JJ., and ARMSTRONG and RAPER, District Judges.

Mr. Chief Justice PARKER delivered the opinion of the court.

Plaintiffs, senior appropriators of Wild Cat Creek, an intermittent stream, filed suit against Harold Scott, a junior upstream applicant for permit; Floyd A. Bishop, State Engineer, William Long, Superintendent of Water Division No. 2; and John Throne, water commissioner responsible for field administration of Wild Cat Creek. Trial was had to the district court, which ordered that all defendants except Scott...

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