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STATE v. MITCHELL CONST. CO.

No. 14938.

699 P.2d 1349 (1984)

108 Idaho 335

STATE of Idaho, Plaintiff, Counter-defendant, v. MITCHELL CONSTRUCTION CO., a corporation, Defendant, Counter-claimant, Third party plaintiff-appellant, and St. Paul Fire & Marine Insurance Company, Defendant-counterclaimant-appellant, and g.j. Sprute & Company, Third party defendant, and The Neogard Corporation, Third party defendant-respondent, and Linton, Inc., and Foam Systems Co., Third party defendants.

Supreme Court of Idaho.

On Rehearing April 30, 1985.

Attorney(s) appearing for the Case

Steven Richert, of Green, Service, Gasser & Kerl, Pocatello, Idaho, for defendant, counter-claimant, third party plaintiff-appellant Mitchell Const. Co.

Brian K. Julian, of Quane, Smith, Howard & Hull, Boise, Idaho, for third party defendant-respondent Neogard Corp.

BAKES, Justice.

Appellant, Mitchell Construction, was awarded the general contract to construct an office building to house the State of Idaho Department of Agriculture. All phases of the building have been completed except the roof, which is allegedly defective and has never been approved or accepted by the state. The state sued Mitchell for the "cost of repair or replacement" of the roof. In order to indemnify its potential liability, Mitchell filed third party...

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