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THOMAS v. SCHMELZER

No. 16802.

796 P.2d 1026 (1990)

118 Idaho 353

James THOMAS and Joan Thomas, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. Paul SCHMELZER and Ilene Schmelzer, husband and wife, Defendants-Appellants-Cross Respondents.

Court of Appeals of Idaho.

July 26, 1990.

Attorney(s) appearing for the Case

Alexanderson, Davis, Rainey, Whitney & Kerrick, Caldwell, for defendants-appellants-cross respondents. Ronald P. Rainey argued, Caldwell.

Gigray, Miller & Downen, Caldwell, on rehearing for plaintiffs-respondents-cross appellants. Donald E. Downen argued, Caldwell.

SUBSTITUTE OPINION

The Court's prior opinion, dated December 1, 1988, is hereby withdrawn.

SWANSTROM, Judge.

This case involves the accounting and winding up of a partnership. Paul and Ilene Schmelzer appeal from the district court's amended judgment requiring them to purchase the interest of James and Joan Thomas in a partnership and to compensate the Thomases for net excess contributions during the winding up period. The main issue is whether there...

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