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BURRUP v. STANGER

No. 16594.

753 P.2d 261 (1988)

Vance BURRUP, Larry R. Christensen, A. Lin Whitworth, M.J. Kent and David Whitworth, Plaintiffs-Respondents, v. Elmer H. STANGER and Fran Stanger, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

Review Granted May 24, 1988.

Attorney(s) appearing for the Case

Louis F. Racine, Jr., of Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendants-appellants.

R.M. Whittier of Whittier & Souza, Pocatello, for plaintiffs-respondents.

SUBSTITUTE OPINION

The Court's prior opinion, dated October 15, 1987, is hereby withdrawn.

SWANSTROM, Judge.

Elmer and Fran Stanger appeal the district court's judgment decreeing that a portion of Indian Creek Road located upon their land in Bannock County is a public highway. Although other issues are raised on appeal, the decisive issue is whether the district court erred in determining that the road across the Stanger property is a public highway...

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