MERRILL v. PENROD

No. 14664.

704 P.2d 950 (1985)

109 Idaho 46

Don MERRILL and Florence Merrill, husband and wife, Mary Thompson and Ferol Adams, Plaintiffs-Respondents-Cross Appellants, v. Paul PENROD and Alta Penrod, husband and wife, Defendants-Appellants-Cross Respondents.

Court of Appeals of Idaho.

August 1, 1985.


Attorney(s) appearing for the Case

Roger D. Ling of Ling, Nielsen & Robinson, Rupert, for defendants-appellants-cross respondents.

D. Brent Martens of Hepworth, Nungester & Felton, Buhl, for plaintiffs-respondents-cross appellants.


ON DENIAL OF PETITION FOR REHEARING

This opinion supersedes our prior opinions issued June 18 and July 17, 1985, which are hereby withdrawn.

SWANSTROM, Judge.

Water, that most precious of compounds, can be at once man's friend and his natural enemy. So it proved to be in this case, as neighbor turned against neighbor in the quest for harmony with nature. The plaintiffs, Don and Florence Merrill, Mary Thompson and Ferol Adams, brought this action...

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