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OSBORN & CAYWOOD DITCH CO. v. GREEN

No. 82CA0028.

673 P.2d 380 (1983)

OSBORN & CAYWOOD DITCH CO., Plaintiff-Appellee, v. Gerald GREEN and Kay Green, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

November 17, 1983.

Attorney(s) appearing for the Case

Chilson & Stanton, P.C., John H. Chilson, Loveland, for plaintiff-appellee.

R.B. Fickel, Berthoud, for defendants-appellants.

SMITH, Judge.

This is an appeal from an injunction issued by the trial court which prohibited the defendants Green from irrigating across the plaintiff's canal. We modify the injunction, and, as modified affirm.

The trial court found the facts to be as follows. Plaintiff is Osborn-Caywood Ditch Company (company) which owns the Osborn-Caywood Ditch. This ditch, which has been in existence for many years, bisects the...

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