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LUZAR v. WESTERN SUR. CO.

No. 14206.

674 P.2d 430 (1983)

106 Idaho 1

Jose A. LUZAR and Jose Martin Elexpuree dba Joe & Martin Trucking, Plaintiffs-Respondents, v. WESTERN SURETY COMPANY, a South Dakota corporation, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied January 30, 1984.

Petition for Review Granted March 15, 1984.

Attorney(s) appearing for the Case

Thomas B. High, Benoit, Alexander & Sinclair, Twin Falls, for defendant-appellant.

Lloyd J. Webb and Robert C. Paine, Webb, Burton, Carlson, Pedersen & Paine, Twin Falls, for plaintiffs-respondents.

McFADDEN, Judge Pro Tem.

Jose Luzar and Jose Elexpuree were partners under the name of Joe & Martin Trucking (hereinafter referred to as Trucking). Trucking obtained a judgment against Western Surety Company following a jury trial for damages arising out of Western's failure to return funds posted as security, collateral to the issuance of a track buyer's bond. Following the close of Trucking's case in chief, Western moved for a directed verdict which the court...

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