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BRIZENDINE v. NAMPA MERIDIAN IRRIGATION DISTRICT

No. 11742.

548 P.2d 80 (1976)

97 Idaho 580

James E. and Martha BRIZENDINE, husband and wife, et al., Plaintiffs-Respondents and Cross-Appellants, v. NAMPA MERIDIAN IRRIGATION DISTRICT, Defendant-Appellant and Cross-Respondent.

Supreme Court of Idaho.

Rehearings Denied April 15, 1976.

Rehearings Denied April 22, 1976.

Attorney(s) appearing for the Case

Craig L. Meadows and Gary Dean Babbitt, of Hawley, Troxell, Ennis & Hawley, William F. Ringert, of Anderson, Kaufman, Anderson & Ringert, Boise, for appellant.

John A. Rosholt, of Parry, Robertson, Daly & Larson, Twin Falls, amicus curiae.

Peter E. Heiser, Jr., of Kidwell & Heiser, Boise, for appellee.

McFADDEN, Justice.

James E. and Martha Brizendine and thirty-seven other parties (hereinafter plaintiffs) instituted this action against the Nampa-Meridian Irrigation District (hereinafter irrigation district), seeking damages for injury to property when the district's irrigation canal bank broke flooding properties of the plaintiffs. After a court trial, the district court held the irrigation district liable in tort for its...

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