U.S. FOR USE OF I.B.E.W. v. UNITED PACIFIC INS.

Civ. No. 84-4169.

697 F.Supp. 378 (1988)

UNITED STATES For the Use of INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL # 449, EIGHTH DISTRICT ELECTRICAL PENSION FUND & its Trustees; Eighth District Electrical Benefit Fund and its Trustees; Joint Apprenticeship and Training Trust Fund and its Trustees; Electrical Workers Local Union no. 449 Vacation Plan and its Trustees; National Electrical Industry Fund and its Trustees; the National Employees Benefit Board and its Members; Shane Monson; Larry Soloman; Neil Tillotson; and Larry Webb, Plaintiffs, v. UNITED PACIFIC INSURANCE COMPANY, a Washington corporation; and Eldridge Construction, Inc., an Idaho corporation, Defendants. UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, Cross-claimant, v. ELDRIDGE CONSTRUCTION, INC., an Idaho corporation, Cross-defendant. UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, Third-party plaintiff, v. George W. ELDRIDGE: Peggy A. Eldridge; Priceco, Inc., an Idaho corporation; J. Clair Price; and Alice M. Price, Third-party defendants. J. Clair PRICE and Alice M. Price, Counter-claimants, v. UNITED PACIFIC INSURANCE COMPANY, Counter-defendant. J. Clair PRICE and Alice M. Price, Cross-claimants, v. George W. ELDRIDGE and Peggy A. Eldridge, Cross-defendants. George W. ELDRIDGE, Cross-claimant, v. J. Clair PRICE and Alice M. Price, Cross-defendants. UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, Fourth-party plaintiff, v. John B. KUGLER, Fourth-party defendant.

United States District Court, D. Idaho.

On Motion For Entry of Final Judgment August 2, 1988.


Attorney(s) appearing for the Case

Gaylen L. Box, McDermott, McDermott, Zollinger & Box, Pocatello, Idaho, Larry E. Prince, Holland & Hart, Langroise, Sullivan, Boise, Idaho, Jan D. Sokol, Stafford Frey Stewart & Cooper, Portland, Or., for plaintiffs.

Larry E. Prince, Holland & Hart, Langroise, Sullivan, Boise, Idaho, Jan D. Sokol, Stafford Frey Stewart & Cooper, Portland, Or., for United Pacific Ins. Co.

Mark R. Fuller, Fuller & Carr, Idaho Falls, Idaho, for Eldridge Const. Inc., George W. Eldridge and Peggy A. Eldridge.

John B. Kugler, Pocatello, Idaho, for Priceco, Inc., Jay Clair Price and Alice M. Price.

W.J. Anderson, Sharp, Anderson, Bush & Nelson, Idaho Falls, Idaho, for Makoto Const., Inc.

John B. Kugler, Pocatello, Idaho, pro se.


MEMORANDUM DECISION

CALLISTER, District Judge.

The Court has before it the motion by defendant and third-party plaintiff United Pacific Insurance Co. (UPIC) for summary judgment. The Court heard oral argument on March 21, 1988, has reviewed the entire matter, and now must decide whether there are any genuine issues of material fact and whether UPIC is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

UPIC was the surety on two bonds posted...

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