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McINTYRE v. GUTHRIE

No. 88A05-9107-CV-240.

596 N.E.2d 979 (1992)

James F. McIntyre and Norris Dean McIntyre, Appellants-Defendants, v. Rowan E. GUTHRIE, Rosemary Guthrie, William J. Guthrie, Mabel R. Guthrie, Kenneth W. Guthrie, and Betty Guthrie, Appellees-Plaintiffs, and Michael D. Dershem, Sr. and Carolyn Dershem, Appellees-Plaintiffs.

Court of Appeals of Indiana, Fifth District.

Transfer Denied October 29, 1992.

Attorney(s) appearing for the Case

David A. Smith, McIntyre & Smith, Bedford, for appellants-defendants.

William Edward Jenner, Jenner & Auxier, Madison, for appellees-plaintiffs.

RUCKER, Justice.

James F. McIntyre and Norris Dean McIntyre (collectively referred to as "the McIntyres") appeal a trial court judgment in favor of lower riparian owners for property damage caused by the diversion of the course and flow of a waterway known as Guthrie Creek. The McIntyres raise four issues for our review which we consolidate and rephrase as follows:

1. Did the trial court err in finding the McIntyres had diverted the course and flow of Guthrie...

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