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MULDER v. TAGUE

No. 10763.

186 N.W.2d 884 (1971)

Peter MULDER, Plaintiff and Appellant, v. George TAGUE et al., Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied July 12, 1971.

Attorney(s) appearing for the Case

Robert L. O'Connor, Sioux Falls, for plaintiff and appellant.

Marvin K. Bailin, of Christopherson & Bailin, Sioux Falls, for George and Chiyoka Tague, defendants and respondents.

Ellsworth E. Evans, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for Robert and Maridale Hanson, defendants and respondents.

Robert Jones, Sioux Falls, for Dale and Gladys DeZotell, defendants and respondents.

HANSON, Judge.

Peter Mulder commenced this action against defendants (1) for injunctive relief, and (2) for damages caused by surface water backing up behind alleged obstructions created or maintained by defendants. Following trial to the court an injunction was granted for the removal of obstructions in the natural drainage area on defendants' properties, but the claim for damages was denied. Plaintiff appeals alleging numerous errors relating to (1) insufficiency...

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