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ZAMPOS v. UNITED STATES SMELTING REFINING AND MIN. CO.

Nos. 4590, 4591.

206 F.2d 171 (1953)

ZAMPOS v. UNITED STATES SMELTING, REFINING AND MINING CO. ANDERSON v. UNITED STATES SMELTING, REFINING AND MINING CO.

United States Court of Appeals Tenth Circuit.

July 9, 1953.

Attorney(s) appearing for the Case

H. G. Metos, Salt Lake City, Utah (Samuel Bernstein, Salt Lake City, Utah, on the brief), for appellants.

C. W. Wilkins, Salt Lake City, Utah (G. A. Marr, R. B. Holbrook and Richard H. Nebeker, Salt Lake City, Utah, on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

These actions were for the recovery of damages caused by a flood. In each case, it was alleged in the complaint that the defendant owned certain mining property in Bingham Canyon, Utah; that plaintiff owned certain property situated near such mining property; that defendant negligently stored water in the tunnels and drifts of its mining property; that it negligently allowed the stored water to sweep down upon the property of plaintiff; and...

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