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KUNZ v. UTAH POWER & LIGHT CO.

No. 87-4361.

913 F.2d 599 (1990)

Wayne KUNZ; Olive Kunz; Glenn V. Turner; Carol Turner, Plaintiffs-Appellants, v. UTAH POWER & LIGHT CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission September 28, 1989.

Resubmitted April 6, 1990.

Decided August 29, 1990.

Attorney(s) appearing for the Case

L.F. Racine, Jr., Racine, Olson, Nye, Cooper & Budge, Pocatello, Idaho, for plaintiffs-appellants.

Stephen S. Dunn, Merrill & Merrill, Pocatello, Idaho, for defendant-appellee.

Before SKOPIL, D.W. NELSON and BRUNETTI, Circuit Judges.

D.W. NELSON, Circuit Judge:

This case was originally submitted on November 1, 1988. It was withdrawn from submission on September 28, 1989 following our certification of several questions to the Idaho Supreme Court on March 22, 1989. The Idaho Supreme Court responded on April 3, 1990. This case is hereby resubmitted.

Various landowners ("Landowners") brought suit against the Utah Power & Light Company ("Utah Power") for damages to real and personal property...

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