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  5. 887 P.2d 1039 (1994)
 

J.R. SIMPLOT CO. v. CHEMETICS INTERN., INC.

No. 20458.

887 P.2d 1039 (1994)

126 Idaho 532

J.R. SIMPLOT COMPANY, a Nevada corporation, Plaintiff-Respondent-Cross Appellant, v. CHEMETICS INTERNATIONAL, INC., (U.S. Inc.), a Washington corporation; C-I-L, Inc., a Canadian corporation, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Eastern Idaho, May 1994 Term.

Rehearing Denied January 26, 1995.

Attorney(s) appearing for the Case

Scott L. Burnham, Pocatello, Watt, Tieder & Hoffar, McLean, VA, for appellants. Francis X. McCullough, argued.

Tolman Law Office, Twin Falls, for respondents. Steven K. Tolman, argued.

McDEVITT, Chief Justice.

BACKGROUND AND PRIOR PROCEEDINGS

On approximately July 20, 1984, J.R. Simplot Co. (Simplot) and Chemetics International, Inc. (Chemetics) entered into a construction contract pursuant to which Chemetics was to design and build a sulfuric acid production plant for Simplot in Pocatello, Idaho. The parties agree that the purpose of the plant was to produce 2,000 short tons per day (STPD) of sulfuric acid. The plant was completed in...

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