American Cyanamid Company v. M. G. Sparto

JONES, Circuit Judge.

In 1935 the appellees, all members of the same family and all residents of Texas, purchased a 57-acre tract of land in the City of Fort Worth, Tarrant County, Texas. They have engaged in truck farming on 46.22 acres of this tract since 1936. The tract is bounded on the south and west by the Trinity River. The appellees, with the aid of three centrifugal pumps, have used the river’s waters for irrigation whenever it was needed. In 1942 the appellant’s plant was erected as a part of the war effort for the purpose of producing a catalyst used by oil refineries in making high…