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PINE CREEK CANAL NO. 1 v. STADLER

Nos. 83-194, 83-195.

685 P.2d 13 (1984)

PINE CREEK CANAL NO. 1 a/k/a Lee Ditch, Appellant (Defendant), and Jack D. Richardson, Paul C. and Bette Hagenstein, and David Maytag, Appellants (Counterclaimants), v. Nicholas STADLER, Appellee (Plaintiff). Nicholas STADLER, Appellant (Plaintiff), v. PINE CREEK CANAL NO. 1 a/k/a Lee Ditch, Appellee (Defendant), and Jack D. Richardson, Paul C. and Bette Hagenstein, and David Maytag, Appellees (Counterclaimants).

Supreme Court of Wyoming.

July 12, 1984.

Attorney(s) appearing for the Case

Don W. Riske and Warren R. Darrow of Riske & Edmonds, P.C., Cheyenne, Nelson Hayes of Richards, Brandt, Miller & Nelson, Salt Lake City, Utah, for Pine Creek Canal No. 1, Richardson, Hagenstein and Maytag.

William Twichell of Mason & Twichell, Pinedale, Thomas A. Fennell, Cheyenne, for Stadler.

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

ROSE, Justice.

In case No. 83-194, an appeal is brought by Pine Creek Canal No. 1 arising from a negligence action originally filed by landowner Nicholas Stadler to recover damages which resulted from the failure of the Pine Creek irrigation canal. Pine Creek Canal counterclaimed for damages to its irrigation ditch, alleging that Stadler negligently impaired its lateral support. Damages were stipulated and the case was tried...

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