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AGRODYNE, INC. v. BEARD

No. 17005.

757 P.2d 205 (1988)

114 Idaho 342

AGRODYNE, INC., and Energy Incorporated, Plaintiffs-Respondents, v. Gail M. BEARD, and Irene A. Beard, Defendants-Appellants.

Court of Appeals of Idaho.

Addendum On Denial of Rehearing June 17, 1988.

Petition for Review Denied August 31, 1988.

Attorney(s) appearing for the Case

Spencer E. Daw, Idaho Falls, for defendants-appellants.

Gregory S. Anderson, Idaho Falls, for plaintiffs-respondents.

WALTERS, Chief Judge.

The respondents, Agrodyne, Inc. and Energy Incorporated, filed suit to collect the balance due on a contract to provide an ethanol fuel production system for the defendants, Gail and Irene Beard. The Beards counterclaimed for damages, alleging the system installed by the respondents was incomplete and defective. Eventually, the case was dismissed by the district court, purporting to act under I.R.C.P. 40(c).1

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