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DOUGLAS RESERVOIRS WATER USERS ASS'N v. CROSS

Nos. 4739, 4740.

569 P.2d 1280 (1977)

DOUGLAS RESERVOIRS WATER USERS ASSOCIATION, Appellant (Defendant below), v. Richard S. CROSS and Rita Kaye Cross, Appellees (Plaintiffs below). Richard S. CROSS and Rita Kaye Cross, Appellants (Plaintiffs below), v. DOUGLAS RESERVOIRS WATER USERS ASSOCIATION, Appellee (Defendant below).

Supreme Court of Wyoming.

October 12, 1977.

Attorney(s) appearing for the Case

B.J. Baker, Brown, Drew, Apostolos, Massey & Sullivan, Casper, signed the briefs and appeared in oral argument on behalf of the appellees and cross-appellants, Richard S. Cross and Rita Kaye Cross.

Thomas A. Burley, Douglas, signed the brief and appeared in oral argument on behalf of the appellant and cross-appellee, Douglas Reservoirs Water Users Ass'n.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

RAPER, Justice.

The plaintiffs-appellees — cross-appellants brought action against the defendant-appellant — cross-appellee for damages to plaintiffs' property, arising out of a flood caused by a break in defendant's canal allegedly resulting from negligent repair and maintenance. The district judge, trying the case without a jury, found negligence and awarded plaintiffs $12,125.00.

Defendant asserts in this appeal that there was insufficient...

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