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ELCE v. STATE

No. 15339.

716 P.2d 505 (1986)

110 Idaho 361

Phylis ELCE and Gary Elce, Jr.; Richard L. Fenison and Donna Fenison, husband and wife; R.H. Pierce Manufacturing Co., Inc., dba Pierce Corp., an Oregon Corporation; and Wausau Insurance Company, Plaintiffs-appellants, v. STATE of Idaho and Western Construction, Inc., an Idaho corporation, Defendants-respondents.

Supreme Court of Idaho.

March 28, 1986.

Attorney(s) appearing for the Case

Craig R. Jorgensen, of Lyon & Jorgensen, Pocatello, for plaintiffs-appellants.

Jeffrey A. Strother, of Moffatt, Thomas, Barrett & Blanton, Boise, for defendant-respondent State.

Richard St. Clair, of St. Clair, Hiller, Wood & McGrath, Idaho Falls, for defendant-respondent Western Const. Co.

BAKES, Justice.

1986 Opinion No. 38, filed March 3, 1986, is hereby withdrawn, and this opinion is substituted therefor.

Appellants, plaintiffs below, appeal from a district court judgment granting directed verdicts in favor of the State of Idaho and Western Construction, Inc. We affirm.

On August 9, 1979, a semi-truck owned by R.H. Pierce Manufacturing Co. and driven by Gary Elce, carrying a load of steel pipe, was traveling east on Interstate Highway...

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