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NELSON v. LAKE CANAL CO. OF COLO.

No. 79CA0939.

644 P.2d 55 (1981)

Clovis R. NELSON and Lyal M. Nelson, Plaintiffs-Appellants, v. The LAKE CANAL COMPANY OF COLORADO, Henry Brunner, as its President and Director, Charles Willis, as its Superintendent and Director, Larry (Lawrence) Rudolph, as a Director, Robert Ochsner, as a Director, Larry Hoffmer, as a Director, John D. Hartman, as its Secretary, and Dave Becker, as its Ditch Rider, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 31, 1981.

Certiorari Denied March 22, 1982.

Attorney(s) appearing for the Case

Hill & Hill, P. C., Alden T. Hill, Fort Collins, for plaintiffs-appellants.

Fischer, Brown, Huddleson & Gunn, Charles R. Huddleson, Fort Collins, for defendants-appellees.

KELLY, Judge.

Plaintiffs, Clovis and Lyal Nelson, sought a mandatory injunction to compel defendants, Lake Canal Company and its officers, to provide irrigation water in excess of the company's regulation limiting water deliveries to four days per week. The trial court granted the injunction, but ordered plaintiffs to pay the company for the cost of providing water on the fifth day. Plaintiffs appeal the trial court's denial of their claims for damages and costs....

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