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RUTLEDGE v. STATE

No. 10784.

482 P.2d 515 (1971)

94 Idaho 121

Bertha RUTLEDGE, a widow, Richard Darrell Rutledge, Persis Bertheal Rutledge De Lamare, Patricia Ann Rutledge, and Joy K. Rutledge Frankenstein, Plaintiffs-Respondents, v. The STATE of Idaho, et al., Defendant-Appellant.

Supreme Court of Idaho.

March 12, 1971.

Attorney(s) appearing for the Case

Robert M. Robson, Atty. Gen., and George C. Detweiler, Asst. Atty. Gen., Boise, for appellant.

Hawley, Troxell, Ennis & Hawley, Boise, for respondents.

DONALDSON, Justice.

This is an appeal taken by the State of Idaho (defendant-appellant) from a district court judgment decreeing that plaintiffs-respondents were the owners in fee simple of certain real property which formerly constituted the bed of the Boise River, and that the State of Idaho and all other claimants are without any right whatsoever in such land.

The pertinent facts surrounding this lawsuit are as follows. On February 27, 1969, Bertha Rutledge...

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