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FIRST AM. TITLE CO. OF IDAHO, INC. v. CLARK

Nos. 12244 and 12670.

576 P.2d 581 (1978)

99 Idaho 10

FIRST AMERICAN TITLE COMPANY OF IDAHO, INC., an Idaho Corporation, Plaintiff-Respondent, v. J.L. "Mike" CLARK, Assessor of Ada County, Idaho, and Marjorie Jonasson, Treasurer of Ada County, Idaho, Defendants-Appellants. LAND TITLE AND ESCROW, INC., a corporation, Plaintiff-Appellant, v. CASSIA COUNTY, a body corporate, Shirley Povlsen, Cassia County Treasurer, Calvin Heiner, Cassia County Assessor, Defendants-Respondents.

Supreme Court of Idaho.

March 24, 1978.

Attorney(s) appearing for the Case

Jim C. Harris, Chief Civil Deputy Pros. Atty., Boise, for defendants-appellants.

Robert E. Smylie, of Langroise, Sullivan & Smylie, Boise, for plaintiff-respondent.

Wayne L. Kidwell, Atty. Gen., and Theodore V. Spangler, Jr., Deputy Atty. Gen., State Tax Commission, on oral argument, Boise, amicus curiae.

William A. Parsons, of Parsons & Smith, Burley, for plaintiff-appellant.

Alfred E. Barrus, Pros. Atty. of Cassia County, and Stephen A. Bywater, Deputy Pros. Atty., Burley, for defendants-respondents. Mr. Bywater argued.

BISTLINE, Justice.

The facts of these cases are not in dispute. First American Title Company of Idaho, Inc. ("First American of Idaho"), is an abstract title company incorporated in Idaho. It issues title insurance policies as the authorized agent and wholly owned subsidiary of First American Title Insurance Company, Inc., a national insurance company authorized to write title insurance policies in the State of Idaho. As an "insurer," the national company pays the...

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