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SARGENT v. GAGNE

No. 1271.

147 A.2d 892 (1958)

Lyle C. SARGENT and Blanche L. Sargent, v. Albert T. GAGNE and Ruth Gagne.

Supreme Court of Vermont. Windsor.

Reargument Denied December 18, 1958.

Attorney(s) appearing for the Case

Black, Plante & Ellison, White River Junction, for plaintiffs.

Finn & Davis, Barre, for defendants.

Before CLEARY, ADAMS, HULBURD and HOLDEN, JJ., and SHANGRAW, Superior Judge.

HOLDEN, Justice.

This proceeding is in equity. The controversy centers on the ownership of rights to a water source, referred to as the School Spring, and its connecting aqueduct. The spring and pipe line are located on the defendants' farm. The plaintiffs seek injunctive relief against the defendants' interference with the plaintiffs' right to take water from the spring by the existing aqueduct and from interference with the plaintiffs' repair and maintenance of...

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