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COX v. CITY OF POCATELLO

No. 8244.

291 P.2d 282 (1955)

Lew COX, Willard Walters, Max Peterson, William McAughey, A. R. Dick, Howard B. Hildreth, Howard Lee, Harold Anderson, and R. Stanford Pugmire, and all those other persons similarly situated, Plaintiffs-Respondents, v. CITY OF POCATELLO, Ray Hunter, Harry Yearsley, Steve Rhoads, Fred Burton, Ezra Hawkes, Grant Stowell and Mel Deaton, Defendants-Appellants.

Supreme Court of Idaho.

December 7, 1955.

Attorney(s) appearing for the Case

Ben Peterson, City Atty., Pocatello, for appellant.

Anderson & Anderson, Pocatello, for respondent.

SMITH, Justice.

Respondents in a single action seek mandate to compel appellants, during irrigation seasons to permit the flow of respondents' allotted irrigation water through a ditch or canal extending southerly through the townsite of the City of Pocatello, and to deliver the water to respondents' ditch at the city's south boundary; and for recovery of damages to their gardens and crops, allegedly caused by the city's refusal so to deliver the water during the...

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