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REED v. CLONINGER

No. 05-74.

131 P.3d 359 (2006)

2006 WY 37

R. Michael REED and Icia Reed, Appellants (Plaintiffs), v. Leslie E. CLONINGER, Jr., Co-Trustee and Stanley Sheppard, Co-Trustee of the Carl M. Burgener Family Living Trust Fund; Cox and Fisher, Inc., a Wyoming corporation; Kenneth Jones; Melvin C. Parker; Janet L. Parker; and Shoshone Irrigation District, Appellees (Defendants).

Supreme Court of Wyoming.

March 24, 2006.

Attorney(s) appearing for the Case

Timothy M. Stubson of Brown, Drew & Massey, LLP, Casper, Wyoming, for Appellants.

S. Joseph Darrah of Darrah, Darrah & Brown, P.C., Powell, Wyoming, for Appellees Cloninger and Sheppard, Co-trustees of the Carl M. Burgener Family Living Trust Fund

S.B. Freeman III of Bormuth & Freeman, LC, Cody, Wyoming, for Appellee Cox and Fisher, Inc.

Patrick J. Murphy and Jakob Z. Norman of Williams, Porter, Day & Neville, P.C., Casper, Wyoming, for Appellee Jones

David B. Hooper of Hooper Law Offices, P.C., Riverton, Wyoming, for Appellees Melvin C. and Janet L. Parker

Michelle A. Pinkowski and Robert G. Busch of Godfrey and Lapuyade, P.C., Englewood, Colorado, and Harriet M. Hageman of Hageman & Brighton of Cheyenne, Wyoming, for Appellee Shoshone Irrigation District. Arguments presented by Ms. Pinkowski and Messrs. Hooper and Freeman.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.

HILL, Chief Justice.

[¶ 1] Appellants, R. Michael Reed and Icia Reed, husband and wife, (the Reeds), filed a complaint on March 31, 2004, alleging claims of negligence, nuisance, trespass, and a prayer for injunctive relief. The basis for those claims was that Appellees had caused irrigation water to damage their home. When speaking of the Appellees collectively, we will call them Appellees, and each individual Appellee may also be referred to by a given name...

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