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BUTLER v. POLLARD

Nos. 83-1917, 83-1954.

800 F.2d 223 (1986)

Leroy BUTLER, Louie Butler and Alvin Butler, Plaintiffs-Appellees, v. Richard POLLARD as Administrator of Estate of Olen Pollard, deceased; James H. Mashburn, William (Sonny) Coffman, and David Lundry as Administrator of the Estate of Bobby Lundry, deceased, Defendants-Appellants. Leroy BUTLER, Louie Butler, and Alvin Butler, Plaintiffs-Appellees, v. BOARD OF COUNTY COMMISSIONERS OF McCURTAIN COUNTY, STATE OF OKLAHOMA, and Jess Price, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 21, 1986.

Attorney(s) appearing for the Case

Lawrence A.G. Johnson and Belva M. Brooks, Tulsa, Okl., for defendants-appellants Pollard, Lundry, Coffman and Mashburn in Nos. 83-1917 and 83-1954.

Don Shaw, Dist. Atty., Idabel, Okl., for defendants-appellants Board of County Com'rs of McCurtain County and Jess Price in No. 83-1954.

Joe Stamper, of Stamper, Otis & Burrage, Antlers, Okl., for plaintiffs-appellees in Nos. 83-1917 and 83-1954.

Before HOLLOWAY and McKAY, Circuit Judges, and KANE, District Judge.

Rehearing Denied October 21, 1986 in No. 83-1917.

McKAY, Circuit Judge.

This diversity case involves a ditch that was dug by agents of the county commission across lands presently owned by plaintiffs. The ditch effectively drained an accumulation of water located on the individual defendants' lands, and the draining increased the value of the drained land. At issue in the trial court was whether the digging of the ditch and the subsequent diversion of water...

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