State of Texas v. State of New Mexico

Decision Date22 December 1952
Docket NumberO,No. 9,9
CitationState of Texas v. State of New Mexico, 344 U.S. 906, 73 S.Ct. 326, 97 L.Ed. 699 (1952)
PartiesSTATE OF TEXAS, plaintiff, v. STATE OF NEW MEXICO et al. riginal
CourtU.S. Supreme Court

Messrs. Price Daniel, Attorney General of Texas, Jesse P. Luton, Jr. and K. B. Watson, Assistant Attorneys General, and Eugene T. Edwards, for plaintiff.

Messrs. Joe L. Martinez, Attorney General, and Fred E. Wilson, Special Assistant Attorney General, for the State of New Mexico.

Messrs. Martin A. Threet, D. A. Macpherson, Jr. and Jean S. Breitenstein, for defendants Middle Rio Grande Conservancy District et al.

It is ordered that John Raeburn Green, Esquire, of St. Louis, Missouri, be, and he is hereby, appointed special master in this cause, with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The master is directed to hold hearings, take such evidence as may be necessary and, with all convenient speed, to submit a report with recommendations relative to the disposition of the questions raised by the pleadings.

The order entered herein on April 28, 1952, 343 U.S. 932, 72 S.Ct. 767, left open the question of the indispensability of the United States as a party for decision after evidence. In hearing the evidence, the master is directed, so far as is practicable, to hear first evidence bearing on the indispensability of the United States, if the United States does...

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12 cases
  • Bockweg v. Anderson, 52PA90
    • United States
    • North Carolina Supreme Court
    • September 7, 1990
    ...A.B. Dick Co. v. Marr, 197 F.2d 498 (2d Cir.1952), cert. denied, 344 U.S. 878, 73 S.Ct. 169, 97 L.Ed. 680, reh'g denied, 344 U.S. 905, 73 S.Ct. 282, 97 L.Ed. 699 (1952)--and cases involving § 1983 claims, see Cabrera v. Municipality of Bayamon, 622 F.2d 4 (1st Cir.1980). Thus, a voluntary d......
  • Teague v. State
    • United States
    • Tennessee Court of Criminal Appeals
    • December 14, 1988
    ...dismissed, 197 F.2d 498 (2nd Cir.1952), cert. denied, 344 U.S. 878, 73 S.Ct. 169, 97 L.Ed. 680 (1952), reh'g denied, 344 U.S. 905, 73 S.Ct. 282, 97 L.Ed. 699 (1952). In United States v. Pannell, 178 F.2d 98, 100 (3rd Cir.1949), the court described the plea as "a sometimes useful device by w......
  • Harter v. Vernon
    • United States
    • North Carolina Court of Appeals
    • July 18, 2000
    ...A.B. Dick Co. v. Marr, 197 F.2d 498 (2d Cir.1952), cert. denied, 344 U.S. 878, 73 S.Ct. 169, 97 L.Ed. 680, reh'g denied, 344 U.S. 905, 73 S.Ct. 282, 97 L.Ed. 699 (1952)—and cases involving § 1983 claims [with state claims attached], see Cabrera v. Municipality of Bayamon, 622 F.2d 4 (1st Ci......
  • Johnson v. Railway Express Agency, Inc.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • November 27, 1973
    ... ... Johnson also charged the Brotherhood of Railway Clerks Tri-State Local and the Lily of the Valley Local with maintaining segregated Locals ... ...
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