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McATEE v. FAULKNER LAND & LIVESTOCK, INC.

No. 16491.

744 P.2d 121 (1987)

113 Idaho 393

W.V. McATEE and Mary Gladys McAtee, husband and wife, and Kent S. McAtee, Plaintiffs-Appellants-Cross Respondents, v. FAULKNER LAND & LIVESTOCK, INC., an Idaho corporation, and Bruce T. Butler and Linda D. Butler, husband and wife, and L.H. Raizin, M.D., Chartered Profit Sharing Plan, Defendants-Respondents-Cross Appellants. FAULKNER LAND & LIVESTOCK, INC., an Idaho corporation, and Bruce T. Butler and Linda D. Butler, husband and wife, Counterclaimants-Respondents-Cross Appellants, v. W.V. McATEE and Mary Gladys McAtee, husband and wife, and Kent S. McAtee, Counterdefendants-Appellants-Cross Respondents.

Court of Appeals of Idaho.

Rehearing Denied September 28, 1987.

Attorney(s) appearing for the Case

John S. Ritchie (argued) and John R. Coleman (Coleman, McIntyre & Ritchie), Twin Falls, for plaintiffs-appellants-cross respondents.

Gary D. Slette (argued) and Thomas G. Nelson (Nelson, Rosholt, Robertson, Tolman & Tucker), Twin Falls, for defendants-respondents-cross appellants.

SUBSTITUTE OPINION

The Court's prior opinion, dated August 3, 1987, is hereby withdrawn.

BURNETT, Judge.

This appeal comes to us from a judgment confirming the ownership of a decreed water right in an Idaho stream. The district court rejected a claim that the decreed right had been abandoned or forfeited. On appeal we are asked to decide (1) whether the district judge's decision was contrary to the evidence; (2) whether the judge abused his discretion...

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