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SUNDOWNER, INC. v. KING

No. 11043.

509 P.2d 785 (1973)

95 Idaho 367

SUNDOWNER, INC., an Idaho corporation, Plaintiff-Respondent, v. James C. KING and Agnes C. King, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

May 10, 1973.

Attorney(s) appearing for the Case

Donald E. Downen, Gigray, Downen & Morgan, Caldwell, for defendants-appellants.

Robert P. Tunnicliff of Miller, Weston & Tunnicliff, Caldwell, for plaintiff-respondent.

SHEPARD, Justice.

This is an appeal from a judgment ordering partial abatement of a spite fence erected between two adjoining motels in Caldwell, Idaho. This action is evidently an outgrowth of a continuing dispute between the parties resulting from the 1966 sale of a motel. See: King v. H.J. McNeel, Inc., 94 Idaho 444, 489 P.2d 1324 (1971).

In 1966 Robert Bushnell sold a motel...

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