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BURNETT v. JAYO

No. 16806.

812 P.2d 316 (1991)

119 Idaho 1009

Lamar BURNETT and Christine Burnett, husband and wife, Plaintiffs-Respondents, v. Paul JAYO, Steve Jayo and Paul V. Jayo, Defendants-Appellants.

Court of Appeals of Idaho.

June 4, 1991.

Attorney(s) appearing for the Case

Robert P. Tunnicliff, Moscow, for defendants-appellants.

Marcus, Merrick & Montgomery, Boise, for plaintiffs-respondents. Claude V. Marcus argued.

SWANSTROM, Judge.

Lamar and Christine Burnett filed this action against Paul Jayo and his sons, Steve and Paul V. (Jayos), seeking damages for trespass upon the Burnetts' property and for battery upon Lamar Burnett. The Jayos counterclaimed, seeking to enjoin the Burnetts from interfering with easements claimed by the Jayos over the Burnett property. The trial of these issues was bifurcated. The district judge, without a jury, first tried the counterclaim issues,...

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