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SEUBERT EXCAVATORS, INC. v. EUCON CORP.

No. 19096.

874 P.2d 555 (1993)

125 Idaho 744

SEUBERT EXCAVATORS, INC., an Idaho corporation, Plaintiff-Appellant, v. EUCON CORPORATION, an Idaho corporation d/b/a Steelman-Duff and United States Fidelity & Guarantee Company, Defendants-Respondents, and EUCON CORPORATION, an Idaho corporation, Third-Party Plaintiff, v. EMPLOYERS INSURANCE OF WAUSAU, Third-Party Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Granted May 12, 1993.

Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for appellants. Paul T. Clark (argued).

Clements, Brown & McNichols, Lewiston, for respondents. Michael E. McNichols (argued).

WALTERS, Chief Judge.

This is an appeal from a judgment entered in favor of a subcontractor and against the general contractor on a road construction project. For the reasons explained below, we affirm the judgment in part, reverse in part, and remand the proceeding for entry of a modified judgment.

I. Facts and Procedural Background.

In January 1983, the Washington State Department of Transportation ("the state") awarded Seubert Excavators...

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