KELLY v. RHODES

No. 212-78.

396 A.2d 130 (1978)

Byron KELLY v. Wilmer D. and Dorothea E. RHODES.

Supreme Court of Vermont.

Motion for Reargument Denied November 15, 1978.


Attorney(s) appearing for the Case

Thomas P. Wright, Woodstock, for plaintiff.

Martin Nitka, Ludlow, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


BARNEY, Chief Justice.

This is an action seeking injunctive relief with respect to certain water rights. Although the relief sought was equitable in nature, the assistant judges participated in the proceedings and signed the order. Since there was no showing that the order was not fully concurred in by the presiding judge, the participation of the assistant judges will be treated as surplusage. V.R. C.P. 83.

The dispute is a narrow one. The plaintiff obtains...

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