RUSS BALLARD & F. A. I. v. LAVA HOT SPRINGS RESORT, INC.

Nos. 11703, 11813.

548 P.2d 72 (1976)

97 Idaho 572

RUSS BALLARD & FAMILY ACHIEVEMENT INSTITUTE, a corporation, Plaintiff, Counter-Defendant and Respondent, v. LAVA HOT SPRINGS RESORT, INC., Defendant, Cross-Defendant, v. Fred N. COATS, Defendant, Counter-Claimant and Cross Complainant-Respondent, v. SHULER BROS., Defendants, Cross-Plaintiffs, Third-Party Plaintiffs, Cross-Defendants-Respondents, and Reed J. Bowen, Third-Party Defendant, and Harold Irick and Norma Irick, husband and wife, Defendants, and The United States of America, Defendant-Appellant. RUSS BALLARD & FAMILY ACHIEVEMENT INSTITUTE, a corporation, Plaintiff, Counter-Defendant and Respondent, v. LAVA HOT SPRINGS RESORT, INC., Defendant, Cross-Defendant and Appellant, v. Fred N. COATS, Defendant, Counter-Claimant and Cross Complainant and Respondent, v. SHULER BROTHERS, Defendant, Cross-Plaintiffs, Third-Party Plaintiffs, Cross-Defendants and Respondents, and Reed J. Bowen, Third-Party Defendant, and Harold Irick and Norma Irick, husband and wife, Defendants, and The United States of America, Defendant-Respondent.

Supreme Court of Idaho.

March 19, 1976.


Attorney(s) appearing for the Case

Sidney E. Smith, U.S. Atty., Paul L. Westberg, Asst. U.S. Atty., Boise, Robert S. Watkins and Michael L. Paup, Tax Div. Dept. of Justice, Washington, D.C., for the United States.

Roger D. Cox, Idaho Falls, for Lava Hot Springs Resort, Inc.

Kenneth E. Lyon, Jr., Pocatello, for Ballard.

Callis A. Caldwell, Pocatello, for Coats.


BAKES, Justice.

These are consolidated appeals from a judgment entered on January 7, 1974, in an action instituted in August, 1971, by Russ Ballard, an individual, and Family Achievement Institute (FAI), a Utah corporation, to foreclose a mortgage on land owned by Lava Hot Springs Resort, Inc., an Idaho corporation.1 The appellant in No. 11703 is the United States of America, and the appellant...

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