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CHALLIS IRR. CO. v. STATE

No. 13531.

689 P.2d 230 (1984)

107 Idaho 338

CHALLIS IRRIGATION COMPANY, an Idaho corporation, Glendon Hunt, Gary Chamberlain, and Ralph Anderson, Plaintiffs-Respondents, v. STATE of Idaho, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Granted August 10, 1984.

Upon Rehearing October 15, 1984.

Petition for Review Denied December 21, 1984.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen. by Stephen V. Goddard, Deputy Atty. Gen., and William B. Dillon III, Idaho Dept. of Fish and Game, Boise, and W. Marcus W. Nye, Racine, Olson, Nye, Cooper & Budge, Pocatello, for appellant; Stephen V. Goddard argued the appeal; William B. Dillon filed a brief in response to the petition for rehearing.

Dwight E. Baker, St. Clair, Hiller, Wood & McGrath, Idaho Falls, for plaintiffs-respondents.

ON PETITION FOR REHEARING

This opinion supersedes our prior opinion issued January 10, 1984, which is hereby withdrawn.

BURNETT, Judge.

This case presents a question of causation. We are asked to decide whether there is substantial evidence to support a jury finding that improper maintenance of a fish screen in an irrigation canal caused a break in the canal wall. This issue is raised by the State of Idaho, Department of Fish and Game, which installed...

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