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ELLIS v. TWIN FALLS CANAL CO.

No. 15820.

712 P.2d 611 (1985)

109 Idaho 910

Kenneth ELLIS, dba Valley Trout Farms, Inc., Plaintiff-Appellant, v. TWIN FALLS CANAL COMPANY, Defendant-Respondent.

Supreme Court of Idaho.

December 20, 1985.

Attorney(s) appearing for the Case

Stephen W. Beane, Boise, for plaintiff-appellant.

Gary D. Slette, Nelson, Rosholt, Robertson, Tolman & Tucker, Twin Falls, for defendant-respondent.

SHEPARD, Justice.

Some seven and one-half years ago, in May 1978, defendant-respondent's canal bank allegedly collapsed, damaging plaintiff-appellant's fish farm and stock. The complaint was filed in October of 1978. In October 1984 the action was dismissed. During that time interval the following proceedings took place. The complaint was served in May 1979, and defendant answered seven days later. In March 1980, defendant...

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