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RINGELE v. TERTELING

No. 8259.

305 P.2d 314 (1956)

Dorothy Rorrison RINGELE, Plaintiff-Appellant, v. J. W. TERTELING and N. L. Terteling, copartners doing business under the firm name and style of J. A. Terteling and Sons, Defendants-Respondents.

Supreme Court of Idaho.

On Rehearing December 20, 1956.

Attorney(s) appearing for the Case

E. G. Elliott, James H. Hawley, Boise, for appellant.

Sherman F. Furey, Jr., U. S. Dist. Atty., Boise, Roger P. Marquis, Washington, D. C., amici curiæ, at rehearing.

Donart & Donart, Weiser, for respondents.

PORTER, Justice.

By her second amended complaint, appellant alleges substantially as follows: That at all times mentioned therein up to May 6, 1943, appellant was the owner of and in possession of Lot 13 of Jerome's Addition to Mountain Home, Idaho. That between the dates of November 1, 1942, and May 6, 1943, respondents willfully trespassed upon said land and took and removed therefrom 110,000 cubic yards of appellant's rock, gravel and sand which were then in place...

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