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T.L. PENCE Thomas C. Pence, Plaintiffs-Respondents. v. BIG LOST RIVER IRRIGATION DISTRICT, Defendant-Appellant.

KNUDSON, Justice.

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.

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PENCE v. BIG LOST RIVER IRRIGATION DISTRICT
(Sep 8, 1961)