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YELLOWSTONE PIPE LINE COMPANY v. KUCZYNSKI

No. 16435.

283 F.2d 415 (1960)

YELLOWSTONE PIPE LINE COMPANY, a corporation, Appellant, v. Anthony KUCZYNSKI, Appellee.

United States Court of Appeals Ninth Circuit.

October 11, 1960.

Attorney(s) appearing for the Case

J. L. McClellan, Jr., Ponca City, Okl., James T. Knudson, Boise, Idaho, for appellant.

R. N. Elder, Thomas A. Mitchell, Coeur d'Alene, Idaho, for appellee.

Before HAMLEY, JERTBERG and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge.

Plaintiff's suit was to recover damages for injury to community property alleged to have been caused by the defendant's negligent failure to repair the bed and protect the banks of a stream which defendant had altered and cut in order to construct a pipeline. $8,000.00 was sought as general and special damages for injuries to plaintiff's land and improvements, plus $500.00 for loss of his personal property.1

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