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KERBS v. WALCK

No. S-09-0121.

229 P.3d 974 (2010)

2010 WY 53

Scott KERBS, an individual and as a partner in the Kerbs Four Bar Ranch Partnership, Kip Kerbs, an individual and as a partner in the Kerbs Four Bar Ranch Partnership, Carl Kerbs and Nadene Kerbs, individually, as husband and wife, and as partners in the Kerbs Four Bar Ranch Partnership, and Kerbs Four Bar Ranch, a Wyoming Partnership, Appellants (Defendants), v. Eugene W. WALCK, Jr., Appellee (Plaintiff).

Supreme Court of Wyoming.

April 27, 2010.

Attorney(s) appearing for the Case

Representing Appellants: Daniel B. Frank, Frank Law Office, PC, Cheyenne, Wyoming.

Representing Appellee: William M. MacPherson and Brandon W. Snyder, MacPherson, Kelly & Thompson, LLC, Rawlins, Wyoming. Argument by Mr. Snyder.

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

BURKE, Justice.

[¶ 1] After a bench trial, the district court entered judgment in favor of Eugene W. Walck, Jr., ruling that the Kerbs Ranch1 had wrongfully interfered with Mr. Walck's water rights. The Kerbs Ranch appeals. We will affirm.

ISSUES

[¶ 2] The Kerbs Ranch presents these three issues:

1. Did the trial court err in awarding damages to Mr....

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