Citations
- 136 F.2d 65
Full opinion text
PHILLIPS, Circuit Judge.
Lindsey, as receiver of the San Luis Power and Water Company, a Colorado corporation, brought this action to enjoin McClure from enforcing an order issued by him as State Engineer of the state of New Mexico, prohibiting the Water Company from using certain irrigation works, situate in New Mexico, for. diverting, storing, and carrying waters of the Costilla river for use on land situated in Colorado. The trial court sustained a motion to dismiss the complaint, as amended, and entered judgment dismissing the suit.
The facts as alleged in the complaint, as amended, which must be taken as true in the present posture of the action,