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ODENWALT v. ZARING

No. 13027.

624 P.2d 383 (1980)

102 Idaho 1

John W. ODENWALT, Plaintiff-Appellant and Cross-Respondent, v. Don ZARING, Defendant-Respondent and Cross-Respondent, and Bannock Creek Stockmen's Association, Defendant-Respondent, and Cross-Appellant.

Supreme Court of Idaho.

Rehearing Denied March 17, 1981.

Attorney(s) appearing for the Case

Thomas F. Dial and Gregory C. May of Dial, Looze & May, Pocatello, for John W. Odenwalt.

William A. Parsons of Parsons & Smith, Burley, for Don Zaring.

Roger D. Cox and Dwight R. Bowen of Cox & Bowen, Idaho Falls, for Bannock Creek Stockmen's Assn.

BAKES, Justice.

Defendant Bannock Creek Stockmen's Association is composed entirely of Indian members. The association grazes both Indian and non-Indian owned livestock on the Fort Hall Indian Reservation. The non-Indian owners pay a fee for this service. In February, 1971, defendant Don Zaring entered into a contract with the association pursuant to which the association agreed to herd 200 head of Zaring's cattle on the reservation.

In October of 1971 some...

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