Opinion
No. 8968.
June 30, 1961. Rehearing Denied September 8, 1961.
APPEAL FROM DISTRICT COURT OF THE SIXTH DISTRICT, CUSTER COUNTY; DARWIN D. BROWN, JUDGE.
Action for damages and injunction. Judgment for damages affirmed. Order of injunction set aside.
Robert M. Kerr, Jr., Blackfoot, George Barnard, Idaho Falls, for appellant.
Furey Furey, Sherman F. Furey, Jr., Salmon, and Jack B. Furey, Challis, Robert H. Copple, Boise, for respondents.
By virtue and under the authority of the decision filed this date in the case of Smith v. Big Lost River Irrigation District, 83 Idaho 374, 364 P.2d 146, the judgment for damages entered by the trial court in favor of respondents in this action is affirmed. The order of injunction is set aside. No costs allowed.
TAYLOR, C.J., and SMITH, McQUADE and McFADDEN, JJ., concur.