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FORT LYON CANAL CO. v. HIGH PLAINS A & M

No. 06SA320.

167 P.3d 726 (2007)

The FORT LYON CANAL COMPANY, Plaintiff-Appellant, v. HIGH PLAINS A & M, LLC, Magro, LLC, 136th and Colorado, LLC, Wollert Enterprises, Inc., and Steven J. Witte, Division Engineer, Water Division 2, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

September 10, 2007.

Attorney(s) appearing for the Case

Lefferdink Law Office, LLC, John S. Lefferdink Lamar, Colorado, Attorney for Plaintiff-Appellant.

Lawlis & Bruce, LLC Robert J. Bruce, Denver, Colorado, Attorney for Defendants-Appellees.

Justice COATS delivered the Opinion of the Court.

Fort Lyon Canal Company appealed directly from an order of the water court granting summary judgment in favor of various stockholders named by the company as defendants. Fort Lyon had sought an order from the water court declaring the defendants liable, by authority of the company's bylaws, for fees and costs the company incurred as an objector to the defendants' earlier judicial application for a change of water right...

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