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STATE v. JACK B. PARSON CONSTRUCTION

No. 10155.

456 P.2d 762 (1969)

93 Idaho 118

STATE of Idaho, for the Use and Benefit of PIERCE R. SMITH, P.G. WHITMAN & JOHN E. WHITMAN, a Co-Partnership, dba Hunt Process Co., Plaintiffs-Respondents, v. JACK B. PARSON CONSTRUCTION, a Partnership, Jack B. Parson Construction Co., a Corporation and Continental Casualty Co., a Corporation, Defendants-Appellants. JACK B. PARSON CONSTRUCTION CO., a Utah Corporation, Plaintiff-Appellant, v. PIERCE R. SMITH, P.G. WHITMAN & JOHN E. WHITMAN, a Co-Partnership dba Hunt Process Company, Defendants-Respondents.

Supreme Court of Idaho.

June 27, 1969.

Attorney(s) appearing for the Case

Racine, Huntley, Herzog, Olson & Zener, Pocatello, for appellants.

Merrill & Merrill, Pocatello, for appellee.

McQUADE, Justice.

This opinion treats together two actions which were consolidated for trial, since they arose out of the same transactions. The real plaintiff in this action (respondent on appeal) is the Hunt Process Company (Hunt), a California co-partnership authorized to do business in Idaho. Hunt has long specialized in doing certain work on highway construction projects: "membrane curing," the process of spraying wet...

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