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DUTHIE v. LEWISTON GUN CLUB

No. 13077.

663 P.2d 287 (1983)

104 Idaho 751

J. Earl DUTHIE and Ernestine D. Duthie, husband and wife, and J. Earl Duthie as Guardian of the Person and Estate of Ernestine D. Duthie; John D. Duthie and Rosemary Duthie, husband and wife, Plaintiffs-Appellants, v. LEWISTON GUN CLUB, Its President, Alvin A. Connerley; Its Board of Directors, Robert Gregg, Raymond O'Connor, James Clayton and Roger Booth, individually, Defendants-Respondents.

Supreme Court of Idaho.

Opinion on Denial of Rehearing May 23, 1983.

Attorney(s) appearing for the Case

James W. Givens, Lewiston, for plaintiffs-appellants.

Wynne M. Blake, of Blake, Feeney & Clark, Lewiston, Michael E. McNichols, Orofino, for defendants-respondents.

DONALDSON, Chief Justice.

This action concerns the right of the defendants-respondents, Lewiston Gun Club, its president and its board of directors, (hereinafter the Gun Club), to disconnect the plaintiffs-appellants, Duthies', waterline from the Gun Club's waterline.

The Gun Club installed at its own expense approximately 5,000 feet of domestic and irrigation water lines to supply water to property it leased from the City of Lewiston and Nez Perce County...

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