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BONNEVILLE COUNTY v. HOPKINS

No. 10871.

493 P.2d 395 (1972)

94 Idaho 540

BONNEVILLE COUNTY, Idaho, a Political Subdivision of the State of Idaho, Plaintiff-Appellant, v. Lester G. HOPKINS and Western Surety Company, a corporation, Defendants-Respondents.

Supreme Court of Idaho.

January 25, 1972.

Attorney(s) appearing for the Case

Seward H. French, Pros. Atty., Idaho Falls, for appellant.

St. Clair, St. Clair, Hiller & Benjamin, Idaho Falls, for appellee.

McQUADE, Chief Justice.

There are no facts of record in this case since the defendants' response to plaintiff's complaint was a defense made in the form of a motion to dismiss as provided by Rule 12(b) I.R.C.P. which motion was granted in part by the trial court. The factual background for this case is therefore limited to the allegations in the complaint.

The complaint alleges that defendant-respondent Hopkins, a former sheriff of Bonneville County, Idaho...

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