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HOY v. MILLER

No. 05-294.

146 P.3d 488 (2006)

2006 WY 147

Philip L. HOY and Philip's Welding Service, Inc., a Wyoming corporation, Appellants (Plaintiffs), v. K.C. MILLER; Douglas D. Miller; and Mary S. Miller; Kathryn Armstrong Stolecki; John Miller, Jr., individually and as trustee of the John C. Miller Trust created 9/27/93; Debbie Elder Puckett; Walter F. Scott, Jr. and Brownie Scott, individually and as co-trustees of the Scott Family Revocable Trust dated 8/23/95; Ann Spaulding; Karen Thompson; Mike W. Miller; Judy L. Woodworth; Laura L. Bendrick; Marsha Anderson; and Michael Jerry Scott, Appellees (Defendants).

Supreme Court of Wyoming.

November 15, 2006.

Attorney(s) appearing for the Case

Representing Appellants: Virgil G. Kinnaird of Kinnaird Law Office, P.C., Sheridan, Wyoming.

Representing Appellees: Patrick G. Davidson, Matthew R. Sorenson, and Tad T. Daly of Daly Law Associates, LLC, Gillette, Wyoming. Argument by Mr. Daly.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

GOLDEN, Justice.

[¶ 1] Appellees, K.C. Miller, et al. (hereinafter referred to collectively as "Miller"), own and operate a stock reservoir located south and east of real property owned by Philip Hoy and Philip's Welding Services, Inc. (hereinafter referred to collectively as "Hoy"). Hoy sued Miller, claiming that water seeping out of Miller's reservoir had damaged his property. At trial, Hoy alleged that Miller was absolutely liable for any damages caused by...

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