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FOIANINI v. BRINTON

No. 92-195.

855 P.2d 1238 (1993)

Gino FOIANINI, Appellant (Plaintiff), v. Jay Howard BRINTON and John David Brinton, Appellees (Defendants).

Supreme Court of Wyoming.

July 14, 1993.

Attorney(s) appearing for the Case

Jack Gage of Gage and Moxley, Cheyenne, for appellant.

J.C. DeMers, Cheyenne, for appellees.

Before MACY, C.J., and THOMAS, CARDINE, GOLDEN and TAYLOR, JJ.

MACY, Chief Justice.

Appellant Gino Foianini appeals from a summary judgment entered against him in his action to condemn an irrigation ditch right-of-way located on land owned by Appellee Jay Howard Brinton.

We reverse and remand.

Mr. Foianini presents a single issue for our review:

[D]id plaintiff/appellant Gino Foianini impermissibly split a single cause of action by not bringing the suit to establish the ditch right-of-way by condemnation...

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