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JONES v. CITY OF ST. MARIES

No. 15745.

727 P.2d 1161 (1986)

111 Idaho 733

Verle JONES and Annette Jones, husband and wife, Plaintiffs-Appellants, v. The CITY OF ST. MARIES, a municipal corporation, Defendant-Respondent, and Safeway, Inc., a Maryland corporation, Defendant.

Supreme Court of Idaho.

October 15, 1986.

Attorney(s) appearing for the Case

Theodore L. Rupp, Post Falls, for plaintiffs-appellants.

Samuel Eismann, Coeur d'Alene, for defendant-respondent.

DONALDSON, Chief Justice.

Because this case was decided on a motion for judgment on the pleadings, for the purposes of this appeal, we must accept the truth of appellants' allegations. See, e.g., Davenport v. Burke, 27 Idaho 464, 473, 149 P. 511, 515 (1915). The facts as stated by the appellants are as follows:

The appellants, Verle and Annette Jones, were the owners of a residence in St. Maries, Idaho. The residence was located immediately adjacent...

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