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GATES v. PICKETT & NELSON CONSTRUCTION CO.

No. 10035.

432 P.2d 780 (1967)

Nathan E. GATES, Plaintiff-Respondent and Cross-Appellant, v. PICKETT & NELSON CONSTRUCTION CO., Defendant-Respondent, and Ernest F. Gaffney, R. Doyle Symms, and C. Ed Flandro, as Idaho Board of Highway Directors, Defendants-Appellants and Cross-Respondents.

Supreme Court of Idaho.

October 18, 1967.

Attorney(s) appearing for the Case

Jack C. Riddlemoser, Dept. of Highways, Boise, for appellant-cross-respondent, Dept. of Highways.

Gee, Hargraves & Armstrong, Pocatello, for respondent, Nathan E. Gates.

Holden, Holden & Kidwell, Idaho Falls, for respondent, Pickett & Nelson Const. Co.

SPEAR, Justice.

In plaintiff's third amended complaint, the first in which the Idaho Board of Highway Directors was made a party to the action in addition to Pickett & Nelson Construction Co. as defendants, the theory of, and the basis for, plaintiff's action is set forth in paragraphs IV and V, as follows:

"IV. "That the defendants surveyed and relocated the plaintiff's existing water ditch and hauled in or caused to be hauled in new dirt building...

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