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BEALL PIPE & TANK CORP. v. TUMAC INTERMOUNTAIN

No. 14271.

700 P.2d 109 (1985)

108 Idaho 487

BEALL PIPE & TANK CORPORATION, an Oregon corporation, Plaintiff-Appellant, v. TUMAC INTERMOUNTAIN, INC., a Utah corporation; Fred L. Richardson and Trylla F. Richardson, husband and wife; Thomas F. Richardson and Betty L. Richardson, husband and wife; Frank C. Unquera, Jr. and Christine Joyce Unquera, husband and wife; et al., Defendants-Respondents.

Court of Appeals of Idaho.

April 30, 1985.

Attorney(s) appearing for the Case

Larry L. Goins of Hopkins, French, Crockett & Springer, Idaho Falls, for plaintiff-appellant.

Curt R. Thomsen of Holden, Kidwell, Hahn & Crapo, Michael R. Orme of Hansen, Boyle, Beard & Martin, John M. Ohman of Cox & Ohman, Idaho Falls, C. Walker Lyon, Salmon, for defendants-respondents.

SWANSTROM, Judge.

This appeal comes to us from the grant of a Rule 41(b) motion for involuntary dismissal. The plaintiff-appellant, Beall Pipe and Tank Corporation, supplied mainline irrigation pipe to the defendant, Tumac Intermountain, Inc. Tumac had contracted with the Unqueras to sell and install the pipe as part of an irrigation system Tumac built for the Unqueras in Lemhi County, Idaho. The Beall pipe, laid underground, was used to divert water from Patterson...

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