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JACKSON v. STATE OF COLORADO

Civ. A. No. C-871.

294 F.Supp. 1065 (1968)

Winton JACKSON, Plaintiff, v. STATE OF COLORADO, Ground Water Commission of the State of Colorado, A. Ralph Owens, individually and as State Engineer of the State of Colorado, and North Kiowa Bijou Management District, Defendants.

United States District Court D. Colorado.

October 3, 1968.

Attorney(s) appearing for the Case

Saunders, Dickson, Snyder & Ross, by John M. Dickson, Denver, Colo., for plaintiff.

Duke W. Dunbar, Atty. Gen., for the State of Colorado, Frank E. Hickey, Deputy Atty. Gen., and Ben L. Wright, Jr., Special Asst. Atty. Gen., Denver, Colo., for defendants State of Colorado, Ground Water Commission of the State of Colorado, and A. Ralph Owens, individually and as State Engineer of the State of Colorado.

George A. Epperson, Donald F. McClary and Stanley I. Rosener, Fort Morgan, Colo., for defendant North Kiowa Bijou Management District.

Before HICKEY, Circuit Judge, and ARRAJ and PAYNE, Judges.

ARRAJ, District Judge.

MEMORANDUM OPINION AND ORDER

Plaintiff has invoked the jurisdiction of a three-judge court under 28 U.S.C. §§ 2281 and 2284 seeking a permanent injunction restraining an action by an administrative board, acting under a Colorado state statute, contending that the statute and regulation promulgated thereunder are unconstitutional in that they violate the provisions of the Fourteenth Amendment by permitting the taking of plaintiff...

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