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BARBER v. CITY OF DOUGLAS

Nos. 96-43, 96-42.

931 P.2d 948 (1997)

William E. BARBER and Edna Barber, Husband and Wife, Appellants (Plaintiffs), v. The CITY OF DOUGLAS, Wyoming, a Wyoming Municipal Corporation, Appellee (Defendant). The CITY OF DOUGLAS, Wyoming, a Wyoming Municipal Corporation, Appellant (Defendant), v. William E. BARBER and Edna Barber, Husband and Wife, Appellees (Plaintiffs).

Supreme Court of Wyoming.

January 30, 1997.

Attorney(s) appearing for the Case

William W. Harden, Casper, for William E. Barber and Edna Barber.

Thomas E. Campbell, of Hand & Campbell, P.C., Douglas, for City of Douglas.

Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN, and LEHMAN, JJ.

THOMAS, Justice.

At issue in this case is a district court ruling that there was no justiciable controversy presented in a declaratory judgment sought by William E. Barber and Edna Barber (Barbers), and a counterclaim for declaratory judgment by the Town of Douglas1 (Douglas), regarding the right to use water from Little Box Elder Spring. The water rights had previously been adjudicated to Douglas by an Order of the State Board of Control...

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