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STATE v. PONTEN

No. 40129.

77 Wn.2d 463 (1969)

463 P.2d 150

THE STATE OF WASHINGTON, Respondent, v. HAROLD J. PONTEN et al., Defendants, HARRY D. STAINER et al., Appellants.

The Supreme Court of Washington, En Banc.

December 31, 1969.

Attorney(s) appearing for the Case

Myers, Reiley & Annis, by Eldon H. Reiley, for appellants.

The Attorney General and Delbert W. Johnson, Assistant, for respondent.

HILL, J.

This is an appeal from the judgment of the Spokane County Superior Court dismissing an action by the State of Washington, and holding that the state was not liable for the loss of water in wells of certain property owners, caused by an excavation for a freeway.1

There is no dispute as to the facts as found by the trial court, and we quote findings Nos. 2, 3 and 4 verbatim; other essential findings will be paraphrased....

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