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MINIDOKA COUNTY v. KRIEGER

No. 9334.

399 P.2d 962 (1964)

MINIDOKA COUNTY, Idaho, for the Use and Benefit of DETWEILER BROS., INC., an Idaho corporation, Plaintiff-Respondent, v. L. H. KRIEGER, doing business under the firm name and style of Krieger Construction Co., American Casualty Company, a corporation, Defendants-Appellants, and Associated Specialties Co., a corporation, and Alfred Thaxton, doing business under the firm name and style of Thaxton Painting Company, Defendants-Respondents. AMERICAN CASUALTY COMPANY, a corporation, Defendant and Third-Party Plaintiff-Appellant, v. MINIDOKA COUNTY, Idaho, Plaintiff and Third-Party Defendant-Respondent.

Supreme Court of Idaho.

On Rehearing March 23, 1965.

Attorney(s) appearing for the Case

Bellwood & Goodman, Rupert, for appellant American Cas. Co.

Charles H. Creason, Rupert, for appellant L. H. Krieger.

Moffatt, Thomas, Barrett & Blanton, Boise, for appellant American Cas. Co., on appeal.

Benoit & Benoit, Twin Falls, for respondent Detweiler Bros., Inc.

Louis F. Racine, Jr., Pocatello, for respondent Associated Specialties Co.

Duffin & Duff, Rupert, for respondent Minidoka County.

Parsons, Smith & Snow, Burley, for respondent Alfred Thaxton.

SMITH, Justice.

Various parties will be referred to as follows: Minidoka County as the County; Detweiler Bros., Inc. as Detweiler; L. H. Krieger, d/b/a Krieger Construction Co. or Krieger Construction Company, Inc., a corporation sole, as Krieger; American Casualty Company as American Casualty or the Surety; Associated Specialties Co., a corporation, as Associated; and Alfred Thaxton d/b/a Thaxton Painting Company as Thaxton.

Respondent Detweiler, in the name...

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