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ALLEN v. BURGGRAF CONST. CO.

No. 14057.

680 P.2d 873 (1984)

106 Idaho 451

Ted ALLEN and D.P. Hathaway, Plaintiffs-Appellants, v. BURGGRAF CONSTRUCTION CO., Defendant-Respondent.

Court of Appeals of Idaho.

April 30, 1984.

Attorney(s) appearing for the Case

J.D. Hancock, Smith, Hancock & Moss, Rexburg, for plaintiffs-appellants.

Eugene L. Bush, Sharp, Anderson, Bush & Nelson, Idaho Falls, for defendant-respondent.

BURNETT, Judge.

Two rural landowners, Ted Allen and D.P. Hathaway, sued a highway construction contractor, Burggraf Construction, for damages allegedly resulting from alteration of an irrigation ditch. The district court — sitting without a jury — dismissed the action after the landowners had presented their evidence. The court determined, in a memorandum decision and in an order disposing of post-trial motions, that the evidence failed to show liability...

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