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WHITTAKER v. KAUER

No. 8363.

298 P.2d 745 (1956)

Floyd J. WHITTAKER and Mrs. Floyd J. Whittaker, his wife, Plaintiffs-Respondents, v. John KAUER and Fern Kauer, his wife, and Rodney H. Tobias, Defendants-Appellants.

Supreme Court of Idaho.

June 11, 1956.

Attorney(s) appearing for the Case

E. H. Casterlin, Pocatello, Fred H. Snook, Salmon, for appellants.

A. A. Merrill, Idaho Falls, for respondents.

SMITH, Justice.

Rodney H. Tobias, shown as an appellant, is a water master against whom respondents took nothing; therefore, reference herein to appellants refers to appellants Kauer and wife.

Respondents brought this action to quiet in themselves the title to two separate groups of springs and waters arising therefrom. One group is known as the West Springs from which arise approximately 80 miners inches of water...

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