Burke v. South Phillips County Co-operative State Grazing District

MR. JUSTICE BOTTOMLY:

(dissenting).

I dissented in this matter “when the original opinion of this court was promulgated and in view of the fact that the peti*224tion for rehearing filed by the appellant proves that both the majority and onr dissenting opinions heretofore filed were based upon an erroneous interpretation of the facts, I believe the petition for rehearing should be granted for the following reasons.

The majority opinion holds that Burke acquired only those animal units appurtenant to the portion of the Carnahan ranch bought by Burke in 1950 and holds that at that time, being April or…