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FRANKLIN CUB RIVER PUMPING COMPANY v. LE FEVRE

No. 8453.

311 P.2d 763 (1957)

FRANKLIN CUB RIVER PUMPING COMPANY, a corporation, Plaintiff-Appellant, v. W. D. LE FEVRE, Defendant-Respondent.

Supreme Court of Idaho.

May 21, 1957.

Attorney(s) appearing for the Case

O. R. Baum, Ruby Y. Brown, Gee & Hargraves, Pocatello, for appellant.

Merrill & Merrill, Pocatello, P. M. Condie, Preston, for respondent.

KEETON, Chief Justice.

This controversy presents for determination the question of whether defendant (respondent) has by the construction of a dam built in 1954 across what is known as Doney Hollow, interfered with and diminished an appropriation of Cub River water for irrigation purposes owned by plaintiff (appellant).

Doney Hollow is approximately a two-mile long ravine which traverses land owned by defendant, a...

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