HENRIOD, Chief Justice:
Appeal from the dismissal of a complaint with prejudice as to all the defendants, including the State Engineer, based on part of the language of Title 73-3-15, Utah Code Annotated 1953, repeated in footnote 1 below.
Defendants, save for the Engineer, joined in the motion to dismiss. Over plaintiff's protest, he had awarded the other co-defendants certain water diversion rights...
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