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TREASURE VALLEY PLUMBING v. EARTH RES.

No. 16696.

766 P.2d 1254 (1988)

115 Idaho 373

TREASURE VALLEY PLUMBING AND HEATING, INC., Plaintiff-Respondent, v. EARTH RESOURCES CO., INC., Defendant-Third Party Plaintiff-Appellant, v. MOUNTAIN STATES MINERAL ENTERPRISES, INC., a corporation, Third Party Defendant-Appellant.

Court of Appeals of Idaho.

December 9, 1988.

Attorney(s) appearing for the Case

Dale G. Higer (Eberle, Berlin, Kading, Turnbow & Gillespie), Boise, for defendant-third party plaintiff-appellant.

James S. Underwood, Jr., Boise, for plaintiff-respondent.

SUBSTITUTE OPINION

The Court's prior opinion, dated September 8, 1988, is hereby withdrawn.

BURNETT, Judge.

This is an action brought by a construction subcontractor to foreclose a mechanic's lien for work performed at the Delamar Silver Mine in Owyhee County. Following a non-jury trial, the district court entered judgment in favor of the subcontractor on the lien and on a claim for additional work outside the lien. The court also awarded costs and...

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