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WEYERHAEUSER CO. v. CLARK'S MATERIAL SUPPLY CO.

No. 9610.

413 P.2d 180 (1966)

WEYERHAEUSER COMPANY, a corporation, Plaintiff-Respondent, v. CLARK'S MATERIAL SUPPLY CO., Inc., a corporation, Defendant, Richard Rosenberry, Receiver for Clark's Material Supply Co., Inc., Respondent, D. Earl Clark and Florence E. Clark, Claimants-Appellants.

Supreme Court of Idaho.

April 13, 1966.

Attorney(s) appearing for the Case

Earl E. Reed, Nampa, for appellants.

Robert I. Troxell and Bert L. Poole, Boise, for respondent Weyerhaeuser Co.

Richard Rosenberry, Caldwell, for respondent receiver.

McQUADE, Justice.

The following statement of facts is excerpted from the opinion of this court in a prior action between these parties, Rosenberry v. Clark, 85 Idaho 317, 319-320, 379 P.2d 638, 639 (1963):

"For a number of years, appellant D. E. Clark, operated a retail lumber business as a sole proprietorship, under the name of Clark's Material Supply Co. On or about April 16, 1959, he caused said company to be incorporated...

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