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<br />J.J';1'L. <br /> <br />the meeting adjourns and I will take it to <br />the printers. After that there is still <br />time for some editing and polishing from <br />the galley proofs. <br /> <br />We obtained a second thirty-day exten- <br />sion of time in which to file this brief. <br />It is now due and will be filed by February <br />3rd. <br /> <br />I <br /> <br />This brief, as I believe you have been <br />advised before, is in response to a memoran- <br />dum brief which was filed by the states of <br />Texas and New Mexico asking the United states <br />Supreme Court for permission to file its <br />bill of complaint, the bill of complaint of <br />Texas and New Mexico. This is the procedure <br />when sovereign states sue each other in the <br />United states Supreme Court which is the <br />only place they can sue each other under the <br />federal constitution. A state can't just <br />trot in and file a complaint. It has to <br />get the court's permission first and this <br />is done by tendering a form of complaint and <br />filing a brief stating the reasons why the <br />plaintiff states, in this case Texas and New <br />Mexico, should be permitted to file it. Then <br />the defendant, in this case Colorado, has <br />time in which to file a brief stating why <br />the complaint should not be filed. The ques- <br />tion of whether or not the brief is filed is <br />not the final determination of the case by <br />any means unless the court finds the case <br />should not be filed, in which event that is <br />the end of it. <br /> <br />Now we base our position on two grounds, <br />we have two reasons why we feel the complaint <br />should not be filed. One is that the united 1- <br />states is an indispensable party, coupled <br />with that we feel also that the Elephant <br />Butte Irrigation District and the Middle Rio <br />Grande conservancy District are indispensable <br />parties to the litigation. That's one ground. <br />The other ground is that there is available <br />