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STATE EX REL. REYNOLDS v. MOLYBDENUM CORP. OF AMERICA

No. 76-1674.

570 F.2d 1364 (1978)

STATE OF NEW MEXICO ex rel. S. E. REYNOLDS, State Engineer, Plaintiff-Appellee, v. MOLYBDENUM CORP. OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 3, 1978.

Attorney(s) appearing for the Case

Richard A. Simms, Sp. Asst. Atty. Gen., New Mexico, for plaintiff-appellee.

Neil C. Stillinger, Santa Fe, N. M. (Watson, Stillinger & Lunt, Santa Fe, N. M., with him on the brief), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and BARRETT, Circuit Judges.

BREITENSTEIN, Circuit Judge.

We have here a general water adjudication case brought by New Mexico in federal court. The controversy is solely between the State Engineer and a private water user. The decision depends on New Mexico law. The United States District Court for the District of New Mexico held against the water user. The court of appeals allowed an interlocutory appeal under 28 U.S.C. § 1292(b). We affirm.

The purpose of the action is to obtain...

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