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EXPRESS PUB., INC. v. CITY OF KETCHUM

No. 16900.

753 P.2d 1260 (1988)

114 Idaho 114

EXPRESS PUBLISHING, INC., an Idaho corporation, Plaintiff-Respondent, v. The CITY OF KETCHUM, a municipal corporation, Defendant, and E-Dah-Hoe Publishing Co., Inc., Intervenor-Appellant.

Supreme Court of Idaho.

April 22, 1988.

Attorney(s) appearing for the Case

Lawson & Peebles, Ketchum, for appellant. Edward A. Lawson argued.

Luboviski, Wygle & Fallowfield, Ketchum, for respondent. Barry J. Luboviski argued.

SHEPARD, Chief Justice.

This is an appeal in a declaratory judgment action between two newspaper publishers, each seeking to be designated as the official newspaper of a municipality. We affirm.

I.C. § 50-213 provides: "The city council of each city shall, by ordinance, designate a newspaper within the provisions of title 60, Idaho Code, to be the official newspaper of that city... ." In January 1986 the Wood River Journal (E-DAH-HOE Publishing...

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