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RYNESTAD v. CLEMETSON

No. 8168.

133 N.W.2d 559 (1965)

Betsy RYNESTAD, Plaintiff and Appellant, v. Sidney A. CLEMETSON, Earl L. Clemetson, Carl Clemetson, Ernest H. A. Fischer, Mathilda A. Kelly, Harold O. Jeglum, Orlando Jeglum, First National Bank in Grand Forks, a corporation, as Trustee under the Last Will and Testament of Julia Nereson, deceased, and Henry Stromsodt, Charles Clemetson, and Everett J. Lund, as Township Supervisors of Rye Township, a subdivision of the State of North Dakota, Defendants and Respondents.

Supreme Court of North Dakota.

March 4, 1965.

Attorney(s) appearing for the Case

George Longmire, Grand Forks, for plaintiff and appellant.

Stokes, Vaaler, Gillig & Warcup, Grand Forks, for defendants and respondents Sidney A. Clemetson, Earl L. Clemetson, Carl Clemetson, Ernest H. A. Fischer, and Mathilda A. Kelly.

Thorsen & Thorsen, Grand Forks, for defendants and respondents Harold O. Jeglum and Orlando Jeglum.

Shaft, Benson, Shaft & McConn, Grand Forks, for defendant and respondent First National Bank in Grand Forks, a corporation, as Trustee under the Last Will and Testament of Julia Nereson.

Nelson & Mack, Grand Forks, for defendants and respondents Henry Stromsodt, Charles Clemetson, and Everett J. Lund, as Township Supervisors of Rye Township.

STRUTZ, Judge.

This is an action involving the drainage of surface waters. The plaintiff and appellant, Betsy Rynestad, is the owner of certain lands which lie below lands owned by the defendants Sidney A. Clemetson, Earl L. Clemetson, Carl Clemetson, Ernest H. A. Fischer, and Mathilda A. Kelly, who will be referred to hereafter in this opinion as "upper landowners." These upper landowners, by various ditching operations, contained surface waters and runoff which...

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