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MOSMAN v. MATHISON

No. 9485.

408 P.2d 450 (1965)

Roy E. MOSMAN, Prosecuting Attorney in and for the County of Nez Perce, Idaho, Plaintiff-Respondent, v. Wendell MATHISON, Roberta Mathison, his wife, Nelson Howard, Madeline Walter and the Cramont Scenic Highway District, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied December 21, 1965.

Attorney(s) appearing for the Case

Blake, Givens & Feeney, Lewiston, for appellants.

Roy E. Mosman, Pros. Atty., Nez Perce County, pro se, and Donald K. Worden, Jr., Deputy Pros. Atty., Lewiston, for respondent.

McFADDEN, Justice.

Plaintiff Roy E. Mosman, as the prosecuting attorney of Nez Perce county, instituted this action against the defendants seeking a declaration that the road known as Wapsheli road is a public road and also to enjoin defendant Mathison and his agents from obstructing the use of the roadway by the public.

The defendants, (other than the Cramont Scenic Highway District) are the owners or lessees of...

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