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<br />The Amity Mutual Irrigation Company <br /> <br />1510 <br /> <br />Attorney's Report <br /> <br />To <br /> <br />The Amity Mutual Irrigation Compony <br /> <br />To the Stockholders of <br />The Amity Mutual Irrigation Compan,y. <br /> <br />It is always a pleasant experience for your attorneys to be able to <br />submit to you ,yet another annual report on the legal aspects of your com~ <br />pan:y's operation during the past year. <br /> <br />During the ,year last past, ,your attorneys, as always, handled and <br />passed on various legal matters of a routine nature which arise from an <br />operation of the type conducted by the Amit,"', <br /> <br />Unfortunately some of the problems of a legal nature are not routine <br />in an,}' respect and are of major concern to every stockholder in the A.mity <br />system. <br /> <br />With respect to these problems we report to ,you as follows concerning <br />major litigation in which your company is, to any degree involved: <br /> <br />We reported to ,you in some detail in a former report concerning the <br />law suit pending in the District Court of Bent County and 3Tising out o[ <br />damage which the Plainti!l claimed arose out of the ncgligencl;' of the Amity <br />Canal during the 1965fiood,andfor sake of brevity these will not be repeated <br />here. <br /> <br />Th.is suit is being defended by your attorne.ys in conjunction with the law <br />firm of Phelps, Fonda & Hays of Pueblo. <br /> <br />There have been no significant developments in this case since our last <br />report although there has been some activity therein in the nature o[ dis_ <br />covery proceedings, etc. as provided by the Colorado Rules of Civil Pro- <br />cedure. <br /> <br />No trial date has yet been set for a hearing of this case on its merits. <br /> <br />Unfortunately, during the .year 1967 we became involved in additional <br />litigation when the Amity was sued for damage s in the actual amount of <br />$35,031.00 plus $25.000.00 in punitive damages all of which the Plaintiff <br />claims were caused by the Amity negligenU,)' flooding his land during the <br />years 01 19M, 1965 and 1967. <br /> <br />Page 7 <br />