DIET CENTER, INC. v. BASFORD

No. 20106.

855 P.2d 481 (1993)

124 Idaho 20

DIET CENTER, INC., Applicant-Appellant on Appeal, v. Carol BASFORD; Jack F. Gibson; Jacquie and Frank Rogers; Karen Mannes; Marylen Wilkins Melgaard, Respondents-Respondents on Appeal.

Court of Appeals of Idaho.

June 30, 1993.


Attorney(s) appearing for the Case

Rigby, Thatcher, Andrus, Rigby & Kam, Chtd., Rexburg, for appellant.

Hansen, Beard, Martin, St. Clair, Peterson & Sullivan, Idaho Falls, for respondents.


WALTERS, Chief Justice.

This is an appeal from an order dismissing a declaratory action on the ground that there is an action pending between the parties in another court. For the reasons explained below, we affirm.

The facts relevant to the instant appeal may be stated briefly. The appellant, Diet Centers, Inc. ("Diet Center"), an Idaho corporation, is a defendant in a class-action lawsuit currently pending in California Superior Court in San Francisco (...

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