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IDAHO STATE UNIVERSITY v. MITCHELL

Nos. 11735 and 11736.

552 P.2d 776 (1976)

97 Idaho 724

IDAHO STATE UNIVERSITY, Plaintiff-Respondent, v. Leslie L. MITCHELL, d/b/a Mitchell Construction Co., Defendant-Appellant. Leslie L. MITCHELL, d/b/a Mitchell Construction Co., Third-Party Plaintiff-Respondent, v. BINGHAM MECHANICAL & METAL PRODUCTS, INC., an Idaho Corporation, Third-Party Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied April 22, 1976.

Attorney(s) appearing for the Case

Michael G. Brady, Moffatt, Thomas, Barrett & Blanton, Boise, for appellant Mitchell Const. Co.

Gary T. Dance, Merrill & Merrill, Pocatello, for third party defendant-appellant Bingham Mechanical & Metal Products, Inc.

Herman J. McDevitt, McDevitt & McDevitt, Pocatello, for respondent Idaho State University.

BAKES, Justice.

On July 1, 1970, the interior of the recently completed but never before used sports arena of Idaho State University at Pocatello (hereinafter "ISU"), the "Minidome," was flooded with over a foot of water and tons of silt and debris which damaged the arena's artificial turf. The incident occurred because one of the two water pipes which supplied the structure had failed. In an attempt to recover its costs of repair and cleanup, ISU sued the contractor...

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