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IDAHO FIRST NAT. BK. v. BLISS VALLEY FOODS

No. 18230.

824 P.2d 841 (1991)

121 Idaho 266

The IDAHO FIRST NATIONAL BANK, and its successor in interest West One Bank, Idaho, N.A., Plaintiff-Appellant, v. BLISS VALLEY FOODS, INC., an Idaho corporation; Thomas G. Walker, Jr. and Donna I. Walker, husband and wife; Robert A. Erkins and Bernardine M. Erkins, husband and wife; Frederick L. Surbaugh and Carole W. Surbaugh, husband and wife; Rodney D. Swartling and Jean K. Swartling, husband and wife; Rex S. Leforgee and Cheryl E. Leforgee, husband and wife; Robert A. Ridgeway and Nancy N. Ridgeway, husband and wife; Robert J. Porter II and Karen L. Porter, husband and wife; Mark F. Grefenson and Hedwig Grefenson, husband and wife; Allan R. Frost and Frances M. Frost, husband and wife; Harry F. Brumbach, Jr. and Janice L. Brumbach, husband and wife; Dale D. Stukenholtz and Joyce E. Stukenholtz, husband and wife; Miles H. Humphrey and Margaret Humphrey, husband and wife; Samuel V. Jordan and Barbara Jordan, husband and wife; and Donnie B. McFadden dba McFadden Family Investments, Defendants-Respondents. Frederick L. Surbaugh and Carole W. Surbaugh, husband and wife; Rodney D. Swartling and Jean K. Swartling, husband and wife; Rex S. Leforgee and Cheryl E. Leforgee, husband and wife; Robert A. Ridgeway and Nancy N. Ridgeway, husband and wife; Robert J. Porter II and Karen L. Porter, husband and wife; Mark F. Grefenson and Hedwig Grefenson, husband and wife; Allan R. Frost and Frances M. Frost, husband and wife; Harry F. Brumbach, Jr. and Janice L. Brumbach, husband and wife; Dale D. Stukenholtz and Joyce E. Stukenholtz, husband and wife; Miles H. Humphrey and Margaret Humphrey, husband and wife; Samuel V. Jordan and Barbara Jordan, husband and wife; and Donnie B. McFadden, dba McFadden Family Investments, Counterclaimants-Respondents-Cross Appellants, v. The IDAHO FIRST NATIONAL BANK, and its successor in interest West One Bank, Idaho, N.A., Counterdefendant-Appellant-Cross Respondent. Frederick L. SURBAUGH and Carole W. Surbaugh, as husband and wife, and as trustee for the Frederick L. Surbaugh Retirement Trust #50405; Rodney D. Swartling and Jean K. Swartling, as husband and wife, and as trustee for the Rodney D. Swartling Retirement Trust #50402; Rex S. Leforgee and Cheryl E. Leforgee, as husband and wife, and as trustee for the Rex S. Leforgee, CPA Chartered Pension Plan; Robert A. Ridgeway and Nancy N. Ridgeway, as husband and wife, and as trustee for the Robert A. Ridgeway, DDS, P.S., Pension Plan; Robert J. Porter II and Karen L. Porter, as husband and wife, and as trustee for the Robert J. Porter II Retirement Trust #50403; Mark F. Grefenson and Hedwig Grefenson, as husband and wife, and as the trustee for the Mark F. Grefenson Retirement Trust #50601; Allan R. Frost and Frances M. Frost, as husband and wife, and as trustee for the Allan R. Frost Retirement Trust #50701; Harry F. Brumbach, Jr. and Janice L. Brumbach, as husband and wife, and as trustee for the Harry F. Brumbach, Jr. Retirement Trust #51101; Dale D. Stukenholtz and Joyce E. Stukenholtz, as husband and wife, and as trustee for the Dale D. Stukenholtz Retirement Trust #52201; Miles H. Humphrey and Margaret Humphrey, husband and wife; Samuel V. Jordan and Barbara Jordan, as husband and wife, and as trustee for the Samuel V. Jordan Retirement Trust #51501; and Donnie B. McFadden, dba McFadden Family Investments, Counterclaimants-Respondents-Cross Appellants, v. The IDAHO FIRST NATIONAL BANK, and its successor in interest West One Bank, Idaho, N.A., Counterdefendant-Appellant-Cross Respondent. BLISS VALLEY FOODS, INC., an Idaho corporation; and Robert A. Erkins and Bernardine M. Erkins, husband and wife, Counterclaimants-Respondents, v. The IDAHO FIRST NATIONAL BANK, and its successor in interest West One Bank, Idaho, N.A., Counterdefendant-Appellant. Thomas G. WALKER, Jr. and Donna I. Walker, husband and wife, Counterclaimants-Respondents-Cross Appellants, v. The IDAHO FIRST NATIONAL BANK, and its successor in interest West One Bank, Idaho, N.A., Counterdefendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise.

On Denial of Rehearing February 3, 1992.

Attorney(s) appearing for the Case

Holland & Hart, Denver, Colo., and Boise, for plaintiff-appellant. William C. McClearn argued.

Skinner, Fawcett & Mauk, Boise, for defendant-respondent Bliss Valley Foods. William L. Mauk argued.

Chandler, Dillion & Allyn, Boise, for defendant-respondent Erkins. Thomas B. Chandler argued.

Cosho, Humphrey, Greener & Welsh, Boise, for defendants-respondents Walkers. Richard H. Greener argued.

Elam, Burke & Boyd, Boise, for defendants-respondents Surbaugh through McFadden (limited guarantors). Bobbi K. Dominick argued.

Hall, Farley, Oberrecht & Blanton, Boise, for amicus curiae Idaho Bankers Ass'n. Richard E. Hall argued.

BAKES, Chief Justice.

Idaho First National Bank (Idaho First) brought this foreclosure action to collect approximately $3.2 million owing pursuant to notes and real and personal property security instruments on a loan to Bliss Valley Foods, Inc. (Bliss Valley). The bank also sued as obligors and guarantors the general and limited partners of Bliss Valley.1

Bliss Valley, Robert Erkins and Thomas Walker, the general partners and...

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