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BROWN v. MATTHEWS MORTUARY, INC.

No. 18116.

801 P.2d 37 (1990)

118 Idaho 830

Michael BROWN and Ella Belle Brown, Plaintiffs-Appellants, v. MATTHEWS MORTUARY, INC., an Idaho corporation; Aultorest Memorial Corporation, a Utah corporation, a/d/b/a Aultorest Memorial Crematorium, and unknown defendants, Defendants-Respondents.

Supreme Court of Idaho.

November 15, 1990.

Attorney(s) appearing for the Case

Cox, Ohman & Brandstetter, Idaho Falls, for defendant-respondent Matthews. John Ohman, argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendant-respondent Aultorest. Cary B. Colaianni, argued.

BOYLE, Justice.

In this appeal from a summary judgment we are called upon to determine whether the trial court correctly ruled that there were no genuine issues of material fact to support plaintiffs' claims for breach of contract, negligent mishandling of a dead body, and the tort of outrage.

Charles Blaine Brown died in a Logan, Utah hospital on June 2, 1984. The day after his death the plaintiffs-appellants Ella Belle Brown, the decedent's wife, and Michael...

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