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WING v. MARTIN

No. 14790.

688 P.2d 1172 (1984)

107 Idaho 267

Woody WING and Gary Goulet, Plaintiffs-Appellants, v. Mac MARTIN and Jane Doe Martin, husband and wife, Mike Martin and Jane Doe Martin, husband and wife, Jeff Martin and Jane Doe Martin, husband and wife, and John Does 1-5, all dba Mac Martin and Sons, and San Tan Ranches; and William Anderson and Jane Doe Anderson, husband and wife, and E.I. DuPont De Nemours & Co., a foreign corporation, Defendants-Respondents.

Supreme Court of Idaho.

September 25, 1984.

Attorney(s) appearing for the Case

G. Lance Salladay, of Risch, Goss, Insinger & Salladay, Boise, for plaintiffs-appellants.

Robert M. Tyler, Jr. and Todd Jennings Wilcox, of Elam, Burke, Evans, Boyd & Koontz, Boise, for defendant-respondent San Tan Ranches.

Phillip Stephen Oberrecht and Donald DeWitt Saint-Just, Moffatt, Thomas, Barrett & Blanton, Chartered, Boise, for defendant-respondent E.I. DuPont de Nemours & Co.

UPON DENIAL OF REHEARING

SHEPARD, Justice.

Plaintiff Woody Wing owns some farm property in Elmore County. Adjacent to that property is another parcel owned by the Montierth family. The Wing property and the Montierth property were leased by defendants Martins, Andersons, and San Tan Ranches (hereinafter collectively referred to as "San Tan") from May 26 to November 15, 1978, for the purpose of growing potatoes. Defendants applied to that land an herbicide...

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