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FARBER v. STATE

576 P.2d 209 (1978)

98 Idaho 928

J. R. FARBER and Amelia V. Farber, husband and wife, Plaintiffs-Appellants, v. The STATE of Idaho, the City of Nampa, Asphalt Paving and Construction Co., Inc., a corporation, Defendants, and The State of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

March 22, 1978.

Attorney(s) appearing for the Case

Kenneth F. White, Nampa, for plaintiffs-appellants.

Michael A. Greene of Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for defendants-respondents.

McFADDEN, Justice.

This appeal is from an order dismissing an action against defendant-respondent State of Idaho, one of three named defendants. The action was for damages sustained by plaintiffs-appellants J.R. Farber and his wife, Amelia V. Farber, as a result of street reconstruction work. The dispositive issue on appeal is whether the order is appealable under I.R.C.P. 54(b). We conclude that it is not and, accordingly, dismiss the appeal.

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