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RUDY-MAI FARMS v. PETERSON

No. 15581.

705 P.2d 1071 (1985)

109 Idaho 116

RUDY-MAI FARMS, a partnership, Rio Vista Farms, a partnership, Tuana Farms, a partnership, Tuana Storage, a partnership, Plaintiffs-Appellants, v. Perc PETERSON, DBA Perc Peterson Construction, and Warm Springs Enterprises, Inc., an Idaho Corporation, and Richard Rost, DBA Rost Pyrocreting and Procreting Carboline, Inc., Defendants-Respondents.

Court of Appeals of Idaho.

September 5, 1985.

Attorney(s) appearing for the Case

Kevin F. Trainor, Doerr & Trainor, Twin Falls, and Robert Korb, III, (argued), Kneeland, Laggis, Korb, Collier, Benjamin & Russell, Ketchum, for plaintiffs-appellants.

Paul M. Beeks, Smith & Beeks, Twin Falls, for respondent Peterson. Severt Swenson, Jr., Gooding, for respondent Rost.

Stephen J. McGrath (argued), and William R. Dalling, St. Clair, Hiller, Wood & McGrath, Chartered, Idaho Falls, for respondent Carboline.

Kathryn A. Sticklen and Sidney D. Brown, Quane, Smith, Howard & Hull, Boise, for respondent Warm Springs Enterprises.

BURNETT, Judge.

In 1978 Rudy-Mai Farms and other appellants shown filed this suit against the respondents Peterson and Rost, together with corporate enterprises operated by them. The complaint sought compensation for damage to stored potatoes allegedly caused when a product known as pyrocrete was sprayed on the walls of the storage facilities. In 1984 the district court dismissed this action with prejudice under I.R.C.P. 41(b), for lack of prosecution. On appeal the...

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