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DUNBAR v. UNITED STEELWORKERS OF AMERICA

Nos. 12228 to 12231.

602 P.2d 21 (1979)

100 Idaho 523

Laura DUNBAR et al., Mary Wood, et al., Bernice Johnson, et al., Tharon Rawson, et al., Plaintiffs-Appellants, v. UNITED STEELWORKERS OF AMERICA, an Unincorporated Association, and State of Idaho, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied November 23, 1979.

Attorney(s) appearing for the Case

Bruce O. Robinson, Nampa, May, May, Sudweeks & Fuller, Twin Falls, Matthews, Lee & Wilson, Boise, Thomas A. Mitchell, Coeur d'Alene, Eli Rapaich, Lewiston, Cartwright, Saroyan, Martin & Sucherman, Inc., San Francisco, Cal., Philo, Maki, Cockrel, Robb, Spearman & Cooper, Detroit, Mich., Burgess, Joyce, Prothero, Whelan & O'Leary, Butte, Mont., and Lloyd J. Webb, of Webb, Burton, Carlson & Pedersen, Twin Falls, for plaintiffs-appellants.

Honorable Wayne L. Kidwell, Atty. Gen., Peter C. Jenkins, Sp. Asst. Atty. Gen., George H. Cohen, of Barr, Gottesman, Cohen & Peer, Washington, D.C., Eberle, Berlin, Kading, Turnbow & Gillespie, Chtd., Boise, Wayne P. Fuller, of Fuller & Radke, Caldwell, Michael E. McNichols, Orofino, David L. Gore, Chicago, Ill., Frederick V. Betts and Paul D. Carey, of Skeel, McKelvy, Henke, Evenseon & Betts, Seattle, Wash., and Kleiman, Cornfield & Feldman, Chicago, Ill., for defendants-respondents.

SHEPARD, Justice.

These are appeals from orders of summary judgment entered by the trial court in favor of both defendants, the United Steelworkers of America and the State of Idaho. As to the State, the court held that the activity upon which plaintiffs base their claim fell within the discretionary act exception to the Idaho Tort Claims Act. I.C. § 6-904. As to the Union, the court held that plaintiff's claim was preempted...

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