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WARD v. YODER

No. 2926.

357 P.2d 180 (1960)

James A. WARD and Nellie V. Ward, Appellants (Contestees and Petitioners below), v. Oscar T. YODER, Fox Creek Land and Livestock Company, Charles F. Swarm, Daniel Jensen and Bill W. Poage, Appellees (Contestants below). In the Matter of Proceedings in re Abandonment of Water Rights, Priority No. 19, Priority No. 28 and Priority No. 56 from Bear Creek.

Supreme Court of Wyoming.

December 7, 1960.

Attorney(s) appearing for the Case

James A. Greenwood of Greenwood, Ferrall, Bloomfield, Osborn & Lynch, Cheyenne, for appellant.

George P. Sawyer and Hathaway & Sigler, Torrington, for appellees.

Before BLUME, C.J., and PARKER and HARNSBERGER, JJ.

PER CURIAM.

Petition for rehearing has been filed on the grounds that (1) proof of intent to abandon water right 19 was required to support the declaration of abandonment of such right; (2) § 41-47, W.S. 1957, is not a self-executing statute, and proof of nonuse for five consecutive years is insufficient to support a declaration of abandonment; (3) there was no substantial evidence to support the declaration of abandonment...

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