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CITY OF CHUBBUCK v. CITY OF POCATELLO

Nos. 20941, 21253.

899 P.2d 411 (1995)

127 Idaho 198

CITY OF CHUBBUCK, Plaintiff-Appellant, v. CITY OF POCATELLO, Defendant-Respondent (Two Cases).

Supreme Court of Idaho, Pocatello, September 1994 Term.

Rehearing Denied August 17, 1995.

Attorney(s) appearing for the Case

Elam & Burke, P.A., Boise, for appellant. Ryan P. Armbruster, argued.

Quane, Smith, Howard & Hull, Pocatello, for respondent. Douglas J. Balfour, argued.

REINHARDT, Justice Pro Tem.

I.

BACKGROUND AND FACTS

In 1972, the City of Chubbuck (Chubbuck) and the City of Pocatello (Pocatello) entered into a wastewater treatment contract. Under the terms of the contract, Chubbuck developed a wastewater collection system to deliver Chubbuck's wastewater to Pocatello, where the wastewater was treated at the Pocatello wastewater treatment facility.

In 1983, after the original contract expired, Chubbuck...

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