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ANDERSON v. BAUER

Nos. 83-129, 83-130 and 83-137.

681 P.2d 1316 (1984)

Jimmy L. ANDERSON, Carol A. Anderson, and Heritage Village Development, Inc., a Wyoming Corporation, Appellants (Defendants and Third-Party Plaintiffs), v. Raymond BAUER and Diana Bauer, husband and wife; Russell I. Bell and Marilee Bell, husband and wife; Robert E. Jauch and Kathy L. Jauch, husband and wife; Raymond M. Ricci and Bernadette Ricci, husband and wife; Phillip W. Patrick and Diana Patrick, husband and wife; Donnie R. Haney and Sandra Haney, husband and wife; Nona Gail Anderson and Beula Hawley; Leo R. Hendricks and Betty L. Hendricks, husband and wife, Appellees (Plaintiffs), and PLAINS ENGINEERING, INC., Appellee (Third-Party Defendant). Steve Beilgard and Heritage Homes, Inc., Appellants (Third-Party Plaintiffs), v. Donnie R. HANEY and Sandra Haney, husband and wife; Nona Gail Anderson and Beula Hawley; Leo R. Hendricks and Betty L. Hendricks, husband and wife; Raymond M. Ricci and Bernadette Ricci, Husband and Wife; and Phillip W. Patrick and Diana Patrick, husband and wife, Appellees (Plaintiffs), and PLAINS ENGINEERING, INC., Appellee (Third-Party Defendant). Beula Hawley and Nona Gail Anderson, Donnie R. Haney and Sandra Haney, husband and wife, Leo R. Hendricks and Betty L. Hendricks, husband and wife; Russell I. Bell and Marilee Bell, husband and wife, Robert E. Jauch and Kathy Jauch, husband and wife, Phillip W. Patrick and Diana Patrick, husband and wife, Raymond Bauer and Diana Bauer, husband and wife, Raymond M. Ricci and Bernadette Ricci, husband and wife, Appellants (Plaintiffs), v. Jimmy L. ANDERSON, Carol A. Anderson, Heritage Village Development Company, Inc., the Campbell County Board of Commissioners, Campbell County, Wyoming, Appellees (Defendants).

Supreme Court of Wyoming.

April 19, 1984.

Attorney(s) appearing for the Case

Franklin J. Wallahan (argued), Rapid City, S.D., and Leslie W. Hawkey, Jr., Gillette, for Developer Andersons and Heritage Village Development Company, Inc.

Dwight F. Hurich, Gillette, for builder Beilgard and Heritage Homes, Inc. submitting on brief.

Rex O. Arney, Sheridan, for Campbell County Board of Commissioners.

H.W. Rasmussen and Fred R. Dollison (argued), Badley & Rasmussen, P.C., Sheridan, for homeowners.

Before ROONEY, C.J., and THOMAS, ROSE, BROWN, and CARDINE, JJ.

CARDINE, Justice.

Eight homeowners brought separate actions in negligence and breach of warranty against the land developer, builders, and Campbell County to recover damages to their houses from seepage of water. These appeals are from a judgment in favor of the county and against the developer and builders.

We will affirm in part and reverse in part.

The issues for our determination, as stated by the parties are as follows:

1. Were plaintiff...

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