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TUSHER v. GABRIELSEN

No. A077708.

80 Cal.Rptr.2d 126 (1998)

68 Cal.App.4th 131

Thomas TUSHER et al., Plaintiffs and Appellants, v. Donlon GABRIELSEN et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

November 30, 1998.

Attorney(s) appearing for the Case

Hoffman, Finney & Klinedinst, William P. Hoffman, Jr., Malcolm E. McLorg, San Francisco, Legal Strategies Group, and Robert J. Vizas, Emeryville, for Plaintiffs and Appellants.

Ephraim Margolin and Arthur Brunwasser, San Francisco, for Defendants and Respondents.

WALKER, J.

In these consolidated appeals we review the trial court's order dissolving a preliminary injunction which had prohibited respondents Donlon and Agnes Gabrielsen (the Gabrielsens) from destroying a pond located principally on their property, to which appellants Thomas and Pauline Tusher (the Tushers) unsuccessfully claimed an implied view easement and littoral or riparian rights (appeal No. A077708, the "first appeal"). We also review the trial court's judgment...

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