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FURNESS v. PARK

No. 12049.

570 P.2d 854 (1977)

98 Idaho 617

Rex FURNESS and Harold Furness, dba Furness Brothers, a partnership, Plaintiffs-Respondents, v. Lavere F. PARK, Defendant-Appellant, and C.K. Cattle, Inc., a corporation, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied November 18, 1977.

Attorney(s) appearing for the Case

Robert M. Kerr, Jr., of Kerr, Williams & Clarke, Blackfoot, for defendant-appellant.

Gordon S. Thatcher, of Rigby, Thatcher & Andrus, Rexburg, for respondent Furness Bros.

Gregory P. Meacham, of Petersen, Moss & Olsen, Idaho Falls, for respondent C.K. Cattle, Inc.

BAKES, Justice.

This action was initiated by an interpleader. Rex and Harold Furness, dba Furness Bros., purchased hay harvested from a 320 acre tract in Jefferson County. However, because two parties were making conflicting claims of ownership to the land and to the hay grown on it, Furness Bros. deposited the purchase price of the hay with the district court to let the district court resolve the dispute. Thus, the real parties in interest in this action are appellant...

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