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AMERICAN WEST ENTERPRISES, INC. v. CNH, LLC

No. 40230.

316 P.3d 662 (2013)

AMERICAN WEST ENTERPRISES, INC., an Idaho corporation, Plaintiff-Appellant-Cross Respondent, v. CNH, LLC, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Twin Falls, November 2013 Term.

December 20, 2013.

Attorney(s) appearing for the Case

Robinson, Anthon & Tribe, Rupert, attorneys for Appellant. Brent Taylor Robinson argued.

Jones, Gledhill, Fuhrman & Gourley, Boise, attorneys for Respondent. Christopher Graham argued.

SCHROEDER, J. pro tem.

I.

Nature of Case

This is an appeal from the district court's grant of summary judgment to Case New Holland, Inc. ("CNH") in a suit brought by American West Enterprises ("American West") in an effort to recover the cost of a remanufactured tractor engine sold by CNH to a local seller, Pioneer Equipment Company ("Pioneer"), and purchased by American West. The district court dismissed American West's claim of implied warranty...

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