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  5. 674 P.2d 1036 (1983)
 

R.T. NAHAS CO. v. HULET

Nos. 14227, 14325.

674 P.2d 1036 (1983)

106 Idaho 37

R.T. NAHAS CO., a California corporation, Robert T. Nahas and Eva C. Nahas, Plaintiffs-Respondents, v. Jay H. HULET and Gertrude Hulet, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

Rehearing Denied February 6, 1984.

Attorney(s) appearing for the Case

Philip A. Peterson and Terrence R. White, of Yost, White, Ahrens & Peterson, Nampa, for defendants-appellants.

Robert J. Koontz, of Elam, Burke, Evans, Boyd & Koontz and James W. Kiser, Boise, for plaintiffs-respondents.

WALTERS, Chief Judge.

Jay and Gertrude Hulet (hereinafter referred to as Hulet) appeal from a judgment recognizing the prior right of R.T. Nahas Co. and Robert and Eva Nahas (hereinafter referred to as Nahas) to divert winter runoff water from Sinker Creek, a tributary of the Snake River, located in Owyhee County, Idaho. Hulet presents ten issues which can be consolidated into six contentions, as follows. (1) Hulet's motion to dismiss, for failure to name the Department...

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