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Case No. 3345 Fourth Amended Complaint and Related July 24 1942
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Case No. 3345 Fourth Amended Complaint and Related July 24 1942
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Case No. 3345 Fourth Amended Complaint and Related July 24 1942
State
CO
Date
7/24/1942
Author
Boyle, John; Stienmeyer, E.; Rush, William
Title
Case No. 3345 Fourth Amended Complaint and Related July 24 1942
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said orders and "River Calls" and-by $q doing have deprived and are <br />depriving, and threaten that they will continue to deprive this <br />plaintiff company and the other similarly situated water users in <br />said Water Districts Nos. 11 and 12 of the water necessary for the <br />crops annually raised and grown under the ditches of plaintiff and <br />the last mentioned Water Districts, thereby causing the loss apd <br />destruction of said crops, all to the great and irreparable injury, <br />loss and damage of this complaining company, and the said other. <br />similarly situated water users of water for irrigation in said <br />Water Districts Nos. 11 and 12, and that they have no plain, <br />speedy, adequate or legal remedy in the premises. <br />WHEREFORE, Plaintiff prays the Court for a Writ of Injunction <br />to be issued herein, directed to the said defendant water distribut- <br />ing officials, restraining and enjoining them and each of them, <br />and their and each of their deputies, agents and employes, and <br />their and each of their successors in office, from henceforth <br />issuing or attempting to enforce any orders, or so- called "River <br />Calls" directing or requiring the shutting down or closing of the <br />ditch of the plaintiff company, known as the Sunnyside Park Ditch, <br />or of the ditches of any other similarly situated users of water <br />for irrigation purposes in Water Districts Nos. 11 and 12 of the <br />State of Colorado, for the purpose of furnishing or supplying, or <br />attempting to furnish or supply, water to any ditches or canals <br />located in Water Districts Nos. 14, 17 and 67, <br />AND For such other and further general or special relief as <br />plaintiff may be deemed entitled to obtain and have, whether the <br />same be legal or equitable, upon the facts in the foregoing Com- <br />plaint set forth and stated, and for judgment for such costs as <br />plaintiff may be deemed entitled to recover in this action. <br />JOHN M. BOYLE <br />E. H. STINEMEYER <br />WILLIAM S. RUSH <br />Attorneys for said Plaintiff company. <br />STATE OF 'COLORADO ) <br />SS. <br />00UNTY OF CHAFFEE ) <br />JOHN M. BOYLE, who being first duly sworn, deposes and says; <br />That he is one of the Attorneys for the Sunnyside Park Ditch <br />Company,�a corporation, and makes this verification as such; That <br />he has read the foregoing Fourth Amended Complaint, knows the con- <br />tents thereof and that the facts stated in said Fourth Amended <br />Complkint are true to the best knowledge and belief of this affiant. <br />Subscribed and sworn to before me this 24th day of July, <br />A.D. 1941. <br />My commission expires April 159 A*D. 1942. <br />Notary Public.. <br />:r <br />ti <br />-12- <br />
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