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JOHNSON v. UTAH POWER & LIGHT COMPANY

No. 13907.

215 F.2d 814 (1954)

Edwin P. JOHNSON, Appellant, v. UTAH POWER & LIGHT COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 29, 1954.

Attorney(s) appearing for the Case

Callis A. Caldwell, Pocatello, Idaho, Lewis J. Wallace, M. Blaine Peterson, Ogden, Utah, for appellant.

A. L. Merrill, R. D. Merrill, W. F. Merrill, Merrill & Merrill, Pocatello, Idaho, Charles L. Ovard, F. Gerald Irvine, Salt Lake City, Utah, for appellee.

Before HEALY, POPE, and FEE, Circuit Judges.

HEALY, Circuit Judge.

This is a suit by appellant to recover damages for the alleged maintenance of a nuisance as defined in § 52-101, Idaho Code.1 Appellant three times amended his complaint and the court dismissed with prejudice the third amended pleading for failure to state a claim upon which relief can be granted.

Appellant's claim is that he owns, and has owned for some forty years, 153 acres of farm land on the westerly...

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