W. W. Degge, Louise Degge, Guy G. Goyer, Madeleine Goyer, Howard F. Manning and Margaret J. Manning v. City of Boulder, Colorado

BREITENSTEIN, Circuit Judge.

This appeal is from an order denying appellants permission to intervene as. plaintiffs.

The complaint charged the appellee, City of Boulder, with destruction of a ditch supplying irrigation water to-plaintiff’s land and sought monetary-damages and a mandatory injunction for the restoration of the ditch. The merits of the plaintiff’s ease have not been determined. The appealability of the order denying the petitions of intervention, cannot be separated from the substantive questions presented. The order is appealable if the applicants can intervene as a matter of…