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LODGE v. MILLER

No. 9794.

429 P.2d 394 (1967)

Norman C. LODGE, Jr., William M. Lodge, Edward J. Lodge and Roland R. Lodge, Plaintiffs-Respondents, v. Roy L. MILLER, Robert A. Goodell, Harold R. Iverson, Gerald O. Talbot and John T. Ray, individually and as Board of Directors of the Black Canyon Irrigation District, Defendants-Appellants.

Supreme Court of Idaho.

June 22, 1967.

Attorney(s) appearing for the Case

Dunlap, Rettig & Rosenberry, Caldwell, Anderson, Kaufman & Anderson, Boise, for appellants.

Smith & Miller, Caldwell, for respondents.

TAYLOR, Chief Justice.

August 20, 1963, plaintiffs (respondents) petitioned the defendants (appellants) as the board of directors of the Black Canyon Irrigation District to exclude 8.46 acres of their lands from the district. The petition was filed pursuant to the provisions of I.C., Title 43, ch. 11, the pertinent provisions of which are as follows:

"43-1101. Petition. — Any person or persons owning...

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