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SINCLAIR MARKETING, INC. v. SIEPERT

No. 14959.

695 P.2d 385 (1985)

107 Idaho 1000

SINCLAIR MARKETING, INC., a corporation, Plaintiff-Appellant, v. Larry A. SIEPERT and Fay Siepert, husband and wife; and Don L. Siepert and Neta Siepert, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

January 30, 1985.

Attorney(s) appearing for the Case

Robert M. Tyler, Jr., of Elam, Burke & Boyd, Boise, for plaintiff-appellant.

Gregory P. Meacham, of Petersen, Moss & Olsen, Idaho Falls, for defendants-respondents.

BAKES, Justice.

Appellant Sinclair sued to recover on defendants' personal guaranties given to secure payment on an open account to Little America Refining Company, which was allegedly assigned to Sinclair. The district court granted summary judgment to the individual defendants. We reverse and remand, holding that material issues of fact remain which preclude summary judgment.

Siepert's Distributing, Inc., is a closely held corporation whose principals

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