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MURGOITIO v. MURGOITIO

Nos. 14636, 15241.

726 P.2d 685 (1986)

111 Idaho 573

L.L. MURGOITIO, Plaintiff-Counter Defendant, Appellant-Cross-Respondent, v. J.C. MURGOITIO, Defendant-Counter-claimant, Respondent-Cross-Appellant, and J.C. Murgoitio and L.L. Murgoitio, Personal Representatives for the Estate of R.G. Murgoitio, Defendants-Respondents, and Anna Potts, one of the Personal Representatives of the Estate of R.G. Murgoitio, deceased, Defendant-Respondent, Cross-Appellant. L.L. MURGOITIO, Plaintiff-Appellant, v. J.C. MURGOITIO, and J.C. Murgoitio, L.L. Murgoitio and Anna Potts, Personal Representative of the Estate of R.G. Murgoitio, deceased, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied October 15, 1986.

Attorney(s) appearing for the Case

Glenn A. Coughlan, of Coughlan, Coughlan & Korn, and Frank Stoppello, of Stoppello & Hampton, Boise, for plaintiff-counter defendant, appellant-cross-respondent.

Merlyn W. clark, Esq., of Hawley, Troxell, Ennis & Hawley, Robert M. Tyler, Jr., Melville W. Fisher II, and Bobbi K. Dominick, of Elam, Burke & Boyd, and Stanley A. Welsh, of Clemons, Cosho & Humphrey, Boise, for defendants-respondents.

DONALDSON, Chief Justice.

This case involves the dissolution, winding-up and termination of a family partnership. In the early 1900's, J.H. Murgoitio (James) immigrated to the United States from Spain and began a small dairy operation on a 40-acre tract of land (the Home 40). James had three sons: R.G. (Ray), L.L. (Lou), and J.C. (Joe). At a relatively early age, Ray was seriously injured in a fire. His injuries hampered...

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