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MAGIC LANTERN PRODUCTIONS, INC. v. DOLSOT

No. 21511.

892 P.2d 480 (1995)

126 Idaho 805

MAGIC LANTERN PRODUCTIONS, INC., an Idaho corporation, Plaintiff-Appellant, v. Joseph DOLSOT, an individual, Thomas Monge, an individual, Baird Woolsey, an individual, Cinema Plaza Partners, an Idaho partnership, and Block 56 Associates, an Idaho limited partnership and successor in interest to Cinema Plaza Partners, Defendants-Respondents.

Supreme Court of Idaho, Boise, November 1994 Term.

March 7, 1995.

Attorney(s) appearing for the Case

Cosho, Humphrey, Greener & Welsh, Boise, for appellant. Richard H. Greener argued.

Kneeland, Korb, Collier, Legg & Haukaas, Ketchum, for respondents Joseph Dolsot, Cinema Plaza Partners and Block 56 Associates. Bruce Collier argued.

Donovan & Praggastis, Ketchum, for respondents, Thomas Monge and Baird Woolsey. Michael F. Donovan argued.

JOHNSON, Justice.

This is a breach of contract and fraud case in which the trial court granted summary judgment dismissing the claims and awarded attorney fees to the prevailing parties pursuant to I.C. § 12-120(3).

We conclude that the trial court correctly granted the summary judgment dismissing the breach of oral contract and fraud claims. We conclude that the trial court should not have granted the summary judgment dismissing the breach of written...

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