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COLLIER CARBON & CHEM. v. CASTLE BUTTE, INC.

No. 15627.

710 P.2d 618 (1985)

109 Idaho 708

COLLIER CARBON & CHEMICAL CORPORATION, a corporation; Kellogg's, Inc., an Idaho corporation; and Union Seed Company, an Idaho corporation, Plaintiffs-Respondents, v. CASTLE BUTTE, INC., an Idaho corporation; and Johnathan L. Ellsworth, Grant R. Ellsworth and Cecelia Ellsworth, the Statutory Trustees of K.C. Farms, Inc., a defunct corporation, Defendants, and Jonathan L. and Cecelia Ellsworth, husband and wife, Appellants.

Court of Appeals of Idaho.

November 20, 1985.

Attorney(s) appearing for the Case

James R. Gillespie and Howard W. Carsman (argued), Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for appellants.

James A. Schiller, Schiller & Schiller, Nampa, for plaintiffs-respondents.

McFADDEN, Judge, Pro Tem.

This is an appeal by Jonathan L. and Cecelia Ellsworth from an order denying their motion to set aside a judgment which had been entered against them. Because the Ellsworths had not been named individually as defendants in the action, they contend judgment should not have been entered against them personally. We agree and reverse the order refusing to set aside the judgment.

The underlying action was instituted by the plaintiffs ...

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