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SMITH v. WHITTIER

No. 15052.

695 P.2d 1245 (1985)

107 Idaho 1106

Karl SMITH and Retha Smith, husband and wife, Plaintiffs-Appellants, v. Homer WHITTIER, Defendant-Respondent, v. Dale W. STORER; Timothy B. Lewis; David K. Smith and Nadean Smith, husband and wife; Kent Smith and Patsy Smith, husband and wife; and Karl Smith & Sons, Inc., a corporation, Defendants.

Supreme Court of Idaho.

February 12, 1985.

Attorney(s) appearing for the Case

Lloyd J. Webb, of Webb, Burton, Carlson, Pedersen & Paine, Twin Falls, for plaintiffs-appellants.

Louis F. Racine, Jr., of Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendant-respondent.

Whittier & Souza, Pocatello, for David K. Smith, Nadean Smith, Kent Smith, Patsy Smith, and Karl Smith & Sons, Inc.

Quane, Smith, Howard & Hull, Boise, for Dale W. Storer and Timothy B. Lewis.

SHEPARD, Justice.

This is an attempted appeal from a partial summary judgment issued in favor of Homer Whittier, one of multiple defendants to a multiple count action brought by plaintiffs-appellants Karl and Retha Smith. We dismiss the appeal.

Karl and Retha Smith had engaged in a farming-ranching operation at two locations within Idaho with the assistance of their two sons, David and Kent. That farming operation was incorporated in 1976 as the "Karl Smith...

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