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STERLING H. NELSON & SONS, INC. v. BENDER

Nos. 11348, 11350.

520 P.2d 860 (1974)

95 Idaho 813

STERLING H. NELSON & SONS, INC., a foreign corporation, Plaintiff-Respondent, v. John BENDER, Commissioner of Law Enforcement of the State of Idaho, and L. Clark Hand, Supervisor of the Idaho State Police, Defendants, and John G. Fanning et al., Intervenors-Appellants. STERLING H. NELSON & SONS, INC., a foreign corporation, Plaintiff-Respondent, v. John BENDER, Commissioner of Law Enforcement of the State of Idaho, and L. Clark Hand, Supervisor of the Idaho State Police, Defendants-Appellants.

Supreme Court of Idaho.

March 29, 1974.

Attorney(s) appearing for the Case

James W. Blaine, Deputy Atty. Gen., Faber F. Tway and Anton Hohler, Dept. of Highways, Boise, for defendants-appellants.

Kramer, Plankey, Smith & Beeks, Twin Falls, for plaintiff-respondent.

BAKES, Justice.

Respondent Sterling H. Nelson & Sons, Inc., hereinafter respondent, a Utah corporation authorized to do business in Idaho, is engaged in the production of trout fish food. From its plant in Utah, respondent transports fish food to the Magic Valley area of Idaho over both the United States Federal Interstate Highway System and the public highways of the State of Idaho. During 1971, respondent's truck drivers, carrying truckloads of fish food, were...

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