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MATTER OF FRED WOLFLEY APP., PERMIT NO. 798

No. 84-80.

695 P.2d 159 (1985)

In the Matter of the Petition For DECLARATION OF ABANDONMENT OF the FRED WOLFLEY APPROPRIATION, PERMIT NO. 798, and the Fred Wolfley, Jr., Appropriation, Permit No. 1072, Diverting From Birch Creek, a Tributary of the Salt Creek. Clyde E. WOLFLEY and Alta Wolfley, husband and wife, and Linda P. Radford, Appellants (Appellants-Petitioners), v. Bruce CROOK and Thelma Crook, and the Wyoming State Board of Control, Appellees (Appellees-Respondents).

Supreme Court of Wyoming.

February 14, 1985.

Attorney(s) appearing for the Case

Philip D. Sachs, Kemmerer, and E.J. Skeen, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for appellants.

A.G. McClintock, Atty. Gen., John D. Erdmann, Asst. Atty. Gen., Cheyenne, for appellee, Wyoming State Board of Control.

Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.

BROWN, Justice.

This appeal results from the district court's denial of an appeal from an administrative decision of the state board of control denying abandonment and adjudicating certain water rights. The merits of the board's decision are not at issue. The board issued its decision on November 1, 1983. The notice of appeal was not filed in the district court until December 30, 1983. The district court dismissed the appeal for lack of jurisdiction due to untimely...

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