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MILLER v. MILLER

No. 16390.

745 P.2d 294 (1987)

113 Idaho 415

Pete MILLER, Plaintiff-Respondent/Cross-Appellant, v. E. Paul MILLER, Defendant-Appellant/Cross-Respondent.

Supreme Court of Idaho.

October 26, 1987.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, Chartered, Pocatello, for defendant-appellant/cross-respondent E. Paul Miller; W. Marcus W. Nye, Pocatello, argued.

Hawley Troxell Ennis & Hawley, Pocatello, for plaintiff-respondent/cross-appellant Pete Miller; Thomas J. Holmes, Pocatello, argued.

BISTLINE, Justice.

In May 1984 the Bannock County Commissioners, pursuant to a petition, had formed a herd district which encompassed the Millers' land together with portions of BLM land. The herd district ordinance was in effect at the time the damages were caused by E. Paul Millers' grazing livestock.

E. Paul Miller and Pete Miller are brothers who own or lease adjoining lands in Bannock County; some of those lands also adjoin property owned by the Federal...

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