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KELLER v. MAGIC WATER COMPANY

Nos. 9958, 9965.

441 P.2d 725 (1968)

92 Idaho 276

John E. KELLER and Frances J. Keller, his wife, and Alfred C. Keller and Roberta H. Keller, his wife, Plaintiffs-Appellants, v. MAGIC WATER COMPANY, Inc., a corporation et al., Defendants [Magic Water Company, Inc., respondent, and Kenneth W. Marshall, appellant]. MAGIC WATER COMPANY, Inc., a corporation, Cross-Claimant, Respondent, v. John E. KELLER and Frances J. Keller, his wife et al., Cross-Defendants [John E. Keller, et ux., and Alfred C. Keller, et ux., appellants, and Kenneth W. Marshall, Appellant].

Supreme Court of Idaho.

April 1, 1968.

Attorney(s) appearing for the Case

Albaugh, Bloem, Smith & Pike, Idaho Falls, for plaintiffs, cross-defendants and appellants Kellers (No. 9958).

Cunningham, Schwartz & Doerr, Twin Falls, for defendant, cross-defendant, and appellant Marshall (No. 9965).

Hepworth, Nungester & Felton, Buhl, for defendant cross-complainant and respondent Magic Water Co.

McFADDEN, Justice.

This action was instituted by plaintiffs John E. Keller and Alfred C. Keller and their wives to quiet title to certain waters of Salmon Falls Creek. Various parties were named as defendants, including appellant Marshall and respondent Magic Water Company. Respondent Magic Water Company answered and filed a cross-claim naming as cross-defendants the plaintiffs-appellants, appellant Marshall and others, who were also named as defendants in the Keller...

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