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LINCOLN CTY. v. FIDELITY & DEPOSIT CO. OF MD.

No. 13327.

632 P.2d 678 (1981)

102 Idaho 489

LINCOLN COUNTY, Plaintiff-Respondent, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant-Appellant, and Western Surety Company, Defendant.

Supreme Court of Idaho.

August 12, 1981.

Attorney(s) appearing for the Case

Gary D. Babbitt & Edwin V. Apel, Jr., Boise, for defendant-appellant.

William R. Hollifield, Twin Falls, for plaintiff-respondent.

SHEPARD, Justice.

The single issue on this appeal is whether the action is barred by the statute of limitations. Defendant-appellant, Fidelity and Deposit Company of Maryland, issued performance bonds in increments of two years covering Myron Johnson, the treasurer and tax collector of Lincoln County during his terms of office (two years) from 1941 to 1971.1 Johnson left office in 1977 when it was discovered he had misappropriated funds...

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