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OPPENHEIMER INDUS. v. JOHNSON CATTLE CO.

No. 16214.

732 P.2d 661 (1986)

112 Idaho 423

OPPENHEIMER INDUSTRIES, INC., a Delaware Corporation, Plaintiff-Appellant, v. JOHNSON CATTLE CO., INC., an Idaho Corporation; Dan Van Lith, an individual; Orie Leavell, D/B/A LCC Cattle Co., an individual; Owen Ranches, Inc., a California Corporation; Lee Wright, an individual; Bob Johnson, an individual; Agra Beef, an unknown business entity; Coakly Cattle Co., an unknown business entity; Boston Beef, an unknown business entity; Lokens Cattle Co., an unknown business entity, Defendants, and The State Brand Board of the State of Idaho; and the State of Idaho, Defendants-Respondents.

Supreme Court of Idaho.

On Denial of Rehearing February 27, 1987.

Attorney(s) appearing for the Case

Stephen L. Beer, Boise (argued), and Frank P. Sebree, II, Kansas City, Mo., (appeared), for plaintiff-appellant.

Brian K. Julian, Boise, for defendants-respondents.

HUNTLEY, Justice.

This appeal arises out of a grant of summary judgment for the State Brand Board on the ground that the complaint by Oppenheimer Industries (Oppenheimer) was barred by provisions of the Idaho Tort Claims Act.

In 1981, Oppenheimer contracted with Bolen Cattle Co. (Bolen) to care for several head of cattle owned by Oppenheimer. Oppenheimer alleges Bolen re-branded the cattle and sold them without Oppenheimer's permission. Oppenheimer sued Bolen...

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