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ROBERTS v. SWIM

No. 16960.

784 P.2d 339 (1989)

117 Idaho 9

Joseph P. ROBERTS and Wanda L. Roberts, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. Sherman SWIM and Rhea Swim, husband and wife, Defendants-Appellants-Cross Respondents.

Court of Appeals of Idaho.

Petition for Review Denied January 16, 1990.

Attorney(s) appearing for the Case

William D. Olson of Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendants-appellants-cross respondents.

Robert D. Kerr, Jr., Blackfoot, for plaintiffs-respondents-cross appellants.

SUBSTITUTE OPINION

The Court's prior opinion, dated April 28, 1989, is hereby withdrawn.

SWANSTROM, Judge.

Joseph and Wanda Roberts brought an action claiming that either a public roadway or a private easement existed on two routes across the property of Sherman and Rhea Swim. The district court held that an easement existed on one of the two routes by prescriptive use. The Swims have appealed, contending that the evidence was insufficient to establish...

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