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DEWITT v. BALBEN

Nos. 85-127, 85-128.

718 P.2d 854 (1986)

James H. DeWITT II, George E. Baker II, Anne T. DeWitt, Hillcrest Investment Partnership, a Wyoming partnership, and Hillcrest Water Inc., a Wyoming corporation, a/k/a Hillcrest Water Company, Appellants (Plaintiffs), v. Edward C. BALBEN, Marion C. Balben and Edward C. Balben and Marion C. Balben d/b/a Hillcrest Development Company, Appellants (Defendants), v. James H. DeWITT II, George E. Baker II, Anne T. DeWitt, Hillcrest Investment Partnership, a Wyoming partnership, and Hillcrest Water Inc., a Wyoming corporation, a/k/a Hillcrest Water Company, Appellees (Plaintiffs).

Supreme Court of Wyoming.

April 23, 1986.

Attorney(s) appearing for the Case

David F. Palmerlee and Blair Klein, Buffalo, for appellants in No. 85-127 and appellees in No. 85-128.

Harry G. Bondi, Casper, for appellees in No. 85-127 and appellants in No. 85-128.

Before THOMAS, C.J., ROONEY, BROWN, CARDINE, JJ., and RAPER, J., Retired.

BROWN, Justice.

This appeal involves certain water rights to a well. An action was brought by James H. DeWitt II, George E. Baker II, Anne T. DeWitt, Hillcrest Investment Partnership, and Hillcrest Water, Inc. (hereinafter plaintiffs) against Edward C. Balben, Marion C. Balben d/b/a Hillcrest Development Company (hereinafter defendants)1 to determine the plaintiffs' rights in a water well located on the defendants' property. After trial...

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