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CHANDLER SUPPLY CO., INC. v. CITY OF BOISE

No. 13489.

660 P.2d 1323 (1983)

104 Idaho 480

CHANDLER SUPPLY COMPANY, INC., Plaintiff-Respondent, and Industrial Indemnity Company, Involuntary Plaintiff-Respondent, v. CITY OF BOISE, a municipal corporation, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied April 13, 1983.

Attorney(s) appearing for the Case

Peter J. Boyd, of Elam, Burke, Evans, Boyd & Koontz, Boise, for defendant-appellant.

John P. Howard, of Quane, Smith, Howard & Hull, Boise, for respondents.

BAKES, Justice.

This appeal is brought from a final judgment entered in favor of the respondents, Chandler Supply Co., Inc., and Industrial Indemnity Co. Chandler had brought suit against the appellant, City of Boise, under the Idaho Tort Claims Act, Idaho Code title 6, chapter 9, alleging negligence on the part of Boise's fire department. The facts appear to be substantially as follows.

On December 22, 1976, at about 5:34 p.m., the Boise Fire Department responded...

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