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O'BOSKEY v. FIRST FED. SAV. & LOAN ASS'N

No. 14373.

678 P.2d 1112 (1984)

106 Idaho 339

Joseph M. O'BOSKEY and Ann B. O'Boskey, husband and wife, and S. Kay Kemp, on behalf of themselves and all others similarly situated, Plaintiffs-Respondents, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF BOISE, now known as United First Federal Savings & Loan Association, a Federally chartered savings and loan association, Defendant-Appellant.

Supreme Court of Idaho.

March 19, 1984.

Attorney(s) appearing for the Case

William J. Hines and Richard Allen Cummings, Boise, for defendant-appellant.

Jon M. Steele, Boise, for plaintiffs-respondents.

BISTLINE, Justice.

The district court, the Honorable Gerald F. Schroeder, granted summary judgment in favor of the O'Boskeys based on a holding that a deed of trust executed by them in favor of First Federal Savings and Loan which contained a due-on-sale clause could not be enforced absent a showing of impairment of the security. We first note that we recently affirmed Judge Schroeder's holding that under Idaho law a due...

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