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McCOY v. LYONS

No. 18169.

820 P.2d 360 (1991)

120 Idaho 765

Agnes McCOY, Paul McCoy, Gregory McCoy, Justin McCoy, Abraham McCoy, Pauline Luke, Mary Louise Luke, Cecille Luke, Mary Doreen Luke White, and Rudy Luke, individuals, Plaintiffs-Appellants, v. James F. LYONS, an individual, and James F. Lyons of the law firm of Nixon, Nixon, Lyons and Douglas, P.C., a professional corporation in the state of Idaho, Defendant-Respondent, and Frank LeRoux an individual; Frank LeRoux, d/b/a Ball Creek Ranch, Defendant.

Supreme Court of Idaho, Coeur d'Alene April 1991 Term.

October 25, 1991.

Attorney(s) appearing for the Case

Fred W. Gabourie, Sr., Plummer, for plaintiffs-appellants.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene, for defendant-respondent. Ausey H. Robnett, III argued.

BOYLE, Justice.

In this appeal from a summary judgment granted by the district court in an action alleging fraud, and other claims, we are called upon to determine whether summary judgment was properly granted. We affirm in part, reverse in part and remand for trial on the remaining issues.

I.

According to the record,1 the plaintiffs in this appeal, members of the Luke and McCoy families, are all members of the Kootenai...

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