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CLARK v. ST. PAUL PROP. & LIAB. INS. COS.

No. 13582.

639 P.2d 454 (1981)

102 Idaho 756

Dennis CLARK and George W. Clark, dba Clark Transportation, Plaintiffs-Respondents, v. The ST. PAUL PROPERTY AND LIABILITY INSURANCE COMPANIES dba St. Paul Fire and Marine Insurance Company; and Taber Insurance, Inc., an Idaho corporation, Defendants-Appellants.

Supreme Court of Idaho.

December 31, 1981.

Attorney(s) appearing for the Case

J. Walter Sinclair of Benoit & Alexander, Twin Falls, for defendants-appellants.

John C. Hepworth of Hepworth, Nungester & Felton, Twin Falls, for plaintiffs-respondents.

DONALDSON, Justice.

The parties stipulated for the purpose of the declaratory judgment that the following facts were to be considered as true. On September 3, 1978, one of the plaintiff-respondent's trucks departed Buhl, Idaho with a refrigerated truckload of fresh and frozen fish owned by several producers and packers from the Magic Valley area. The destination of the truck was Los Angeles, California. On September 4, 1978...

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