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HINDERLIDER v. LA PLATA CO.

No. 437.

304 U.S. 92 (1938)

58 S.Ct. 803

82 L.Ed. 1202

HINDERLIDER, STATE ENGINEER, ET AL. v. LA PLATA RIVER & CHERRY CREEK DITCH CO.

Supreme Court of United States.

Decided April 25, 1938.

Attorney(s) appearing for the Case

Messrs. Ralph L. Carr and Byron G. Rogers, Attorney General of Colorado, with whom Messrs. Shrader P. Howell, R.F. Camalier, and Jean S. Breitenstein were on the brief, for appellants.

Mr. Charles J. Beise, with whom Mr. Reese McCloskey was on the brief, for appellee.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

The La Plata River and Cherry Creek Ditch Company, a Colorado corporation, owns a ditch by which it diverts from that river in Colorado water for irrigation. On July 5, 1928, it brought in the District Court for La Plata County a suit which charged that since June 24, 1928, the defendants, Hinderlider, State Engineer of Colorado, and his subordinates have so administered...

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