FUSS v. FRANKS

No. 5209.

610 P.2d 17 (1980)

John FUSS and Martha Fuss, Husband and Wife, and Myrtrice A. Baumgartner, Appellants (Plaintiffs below), v. William J. FRANKS, Appellee (Defendant below).

Supreme Court of Wyoming.

Rehearing Denied May 16, 1980.


Attorney(s) appearing for the Case

Donald E. Jones of Donald E. Jones Law Offices, Torrington, for appellants.

Bob C. Sigler of Sigler & Pauli, Torrington, for appellee.

John D. Troughton, Atty. Gen. and Sandra K. Dunn, Asst. Atty. Gen., Cheyenne, filed brief of amicus curiae, and Sandra K. Dunn, Asst. Atty. Gen., Cheyenne, appeared in oral argument.

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


ROSE, Justice.

This case involves a dispute among landowners over the right to seepage or waste water first used upon the lands of the Bremers and appellants, Fusses and Baumgartner, and thereafter conveyed to other non-adjoining lands leased and farmed by Fusses. Appellee, Franks, interrupted this use by diverting the escaped water to his own property — thus the controversy.

The case was disposed of upon the court's judgment of dismissal. We will affirm...

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