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B & K FABRICATORS, INC. v. SUTTON

Docket No. 21379.

894 P.2d 167 (1995)

126 Idaho 934

B & K FABRICATORS, INC., an Idaho corporation, by and through its Trustee Robert Brown, and Robert Brown, Individually, Plaintiffs-Appellants, v. John SUTTON, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied April 6, 1995.

Petition for Review Denied May 23, 1995.

Attorney(s) appearing for the Case

Ellis, Brown and Sheils, Chtd., Boise, for plaintiffs-appellants. Allen B. Ellis argued.

Cosho, Humphrey, Greener & Welsh, Boise, for defendant-respondent. Rory R. Jones argued.

SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED MARCH 3, 1995, IS HEREBY WITHDRAWN

LANSING, Judge.

This is an attorney malpractice case. At issue is the propriety of the district court's order granting summary judgment to the defendant on the ground that the applicable statute of limitation, I.C. § 5-219(4), had expired prior to commencement of the action. We affirm.

I. BACKGROUND

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