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HOFELDT v. EYRE

No. 91-179.

849 P.2d 1295 (1993)

Harold HOFELDT, Petitioner, (Plaintiff), v. John EYRE, Thomas Redmon, and the Wyoming State Board of Control, Respondents, (Defendants).

Supreme Court of Wyoming.

April 1, 1993.

Attorney(s) appearing for the Case

Jack Gage of Gage & Moxley, Cheyenne, for petitioner.

John Eyre and Thomas Redmon, pro se.

Joseph B. Meyer, Atty. Gen., Mary Guthrie, Sr. Asst. Atty. Gen., Dennis C. Cook, Sr. Asst. Atty. Gen., and Frederick E. Chemay, Asst. Atty. Gen., for respondent Wyoming State Bd. of Control.

Before THOMAS, CARDINE, MACY and GOLDEN, JJ., and BROWN, Ret. J.

BROWN, Justice, Retired.

The Wyoming State Board of Control denied Harold Hofeldt's petition for a declaration of abandonment of certain supplemental supply water rights attached to lands owned or leased by respondents Thomas Redmon and John Eyre.

Respondents state that the issues are:

Does the abandonment statute, § 41-3-401, W.S. 1977 (Cum.Supp. 1991), apply to a supplemental supply water right in the same manner as it does to an original supply...

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