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UNITED STATES v. MARTIN

No. 5960.

267 F.2d 764 (1959)

UNITED STATES of America, Appellant, v. Earl MARTIN and De Berard Cattle Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 1, 1959.

Attorney(s) appearing for the Case

William H. Veeder, Washington, D. C. (J. Lee Rankin, Perry W. Morton, Washington, D. C., Donald E. Kelley, Denver, Colo., Roger P. Marquis, Washington, D. C., H. Lawrence Hinkley, Denver, Colo., and Walter B. Ash, Washington, D. C., were with him on brief), for appellant.

Frank Delaney, Glenwood Springs, Colo., for appellees.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

MURRAH, Circuit Judge.

This is an appeal from an order of the trial court allowing appellees to jointly intervene, and from a judgment on De Berard Cattle Company's counterclaim, in this declaratory class action by the United States, for an adjudication of the respective rights of the affected parties, to the use of water of the Colorado River, arising out of the Colorado Big-Thompson diversion project.

This project had for its primary objective the diversion...

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