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McCORMICK v. TOWN OF THERMOPOLIS

No. 3854.

478 P.2d 67 (1970)

Joe B. McCORMICK and Isabel McCormick, husband and wife, Walter E. Davis and Helen Davis, husband and wife, Paul A. Custer and Lucile M. Custer, husband and wife, Appellants (Plaintiffs below), v. TOWN OF THERMOPOLIS, a municipal corporation, Appellee (Defendant below), and Chicago, Burlington & Quincy Railroad Company (Defendant below).

Supreme Court of Wyoming.

December 28, 1970.

Attorney(s) appearing for the Case

Raymond B. Whitaker and James R. McCarty, Casper, for appellants.

Louis L. Walrath, Thermopolis, William S. Bon, Casper, for appellee.

Before GRAY, C.J., and McINTYRE, PARKER, and McEWAN, JJ.

Mr. Justice PARKER delivered the opinion of the court.

The McCormicks, owners of real estate, sued the Chicago, Burlington & Quincy Railroad Company and the Town of Thermopolis, alleging that defendants carelessly and negligently maintained a nuisance and an unsafe sewer and drain, which caused water to back up and damage plaintiffs' property on June 14 and 15, 1963, and on July 28, 1965, and that defendants were aware of the defectively maintained sewer and drainage...

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