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FARM CREDIT BANK OF SPOKANE v. WISSEL

No. 19118.

836 P.2d 511 (1992)

122 Idaho 565

FARM CREDIT BANK OF SPOKANE, a corporation; and Terry L. Ketterling and Linda K. Ketterling, husband and wife, Plaintiffs-appellants, v. John WISSEL and Clinton Wissel, individuals; and W.W. Farms, Inc., a corporation, Defendants-respondents.

Supreme Court of Idaho, Boise, February 1992 Term.

Rehearing Denied September 30, 1992.

Attorney(s) appearing for the Case

Ellis, Brown & Sheils, Chartered, Boise, for plaintiffs-appellants. Stephen C. Brown, argued.

Ringert, Clark, Harrington, Reid, Christenson & Kaufman, Boise, for defendants-respondents. Andrew M. Harrington, argued.

BAKES, Chief Justice.

This is an appeal from the trial court's denial of plaintiffs' request for costs and attorney fees.

Prior to 1988, Farm Credit Bank of Spokane (FCB) took a first mortgage on a 1200 acre farm owned by Gem Mountain Farms, Inc. Gem Mountain had leased the farm to John and Clinton Wissel (Wissel), who farmed the land through their family corporation, W.W. Farms, Inc. Gem Mountain defaulted on its...

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