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SHULTZ v. ATKINS

No. 11950.

554 P.2d 948 (1976)

97 Idaho 770

George SHULTZ and Pauline Shultz, Plaintiffs-Respondents, v. Norman J. "Pete" ATKINS and Viola Atkins, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

September 22, 1976.

Attorney(s) appearing for the Case

H. William Furchner of Furchner, Martsch & Baker, Blackfoot, for defendants-appellants.

Dean Williams, of Kerr, Williams & Clarke, Blackfoot, for plaintiffs-respondents.

McFADDEN, Chief Justice.

Plaintiffs-respondents, George and Pauline Shultz, instituted this action against defendants-appellants, Norman J. "Pete" and Viola Atkins, and defendants, Thane and Margaret McAllister and Max A. and Lue Dean Williams, seeking a permanent right to draw and use water from a well located on the Atkins' residential property. After a trial to the district court sitting without a jury, judgment was entered that the Shultzes had "a permanent right...

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