Legal Opinion

State of New Mexico v. Backer

Court of Appeals for the Tenth Circuit

Decided October 22, 1952No. 4453_1PublishedCited by 24 opinions

1Opinion of the Court

PICKETT, Circuit Judge.

The State of New Mexico and the City of Truth or Consequences brought this action in the District Court of Sierra County-New Mexico, against Labon Backer, acting construction engineer in charge of the Elephant Butte Dam and Reservoir, and certain employees of the United States Bureau of Reclamation, to restrain them from reducing the water level of the reservoir to a point which would destroy the fish in the reservoir and create a health menace to the people of the City of Truth or Consequences. The state court granted a temporary injunction as prayed for. Backer…

2Cases cited15 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  3. United States v. ShawSupreme Court of the United States · 1940
  4. Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
  5. Minnesota v. HitchcockSupreme Court of the United States · 1902

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3Cited by24 opinions

  1. Alabama Rural Fire Insurance Company, a Corporation v. Frank Naylor, Associate Administrator of the Farmers Home AdministrationCourt of Appeals for the Fifth Circuit · 1976
  2. McQueary v. LairdCourt of Appeals for the Tenth Circuit · 1971
  3. United States v. Mel's Lockers, Inc.Court of Appeals for the Tenth Circuit · 1965
  4. Ogden River Water Users' Ass'n v. Weber Basin Water ConservancyCourt of Appeals for the Tenth Circuit · 1956
  5. Holguin v. Elephant Butte Irrigation DistrictNew Mexico Supreme Court · 1977

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