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DUFFIN v. IDAHO CROP IMPROVEMENT ASS'N

Nos. 20135, 20260.

895 P.2d 1195 (1995)

126 Idaho 1002

Eric DUFFIN and Melanie Duffin, husband and wife, Plaintiffs-Appellants-Cross Respondents, v. IDAHO CROP IMPROVEMENT ASSOCIATION, an Idaho corporation; State of Idaho, acting by and through the Idaho Department of Agriculture, Federal-State Inspection Service, Defendants-Respondents, and CRATER FARMS, INC., an Idaho corporation, Defendant-Respondent-Cross Appellant. Eric DUFFIN and Melanie Duffin, husband and wife, Plaintiffs-Appellants, v. CRATER FARMS, INC., an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 1994 Term.

Rehearing Denied June 22, 1995.

Attorney(s) appearing for the Case

Hepworth, Lezamiz & Hohnhorst, Twin Falls, for appellants Duffin. John C. Hohnhorst argued.

Elam & Burke, P.A., Boise, for respondent Idaho Crop Improvement Association. Bobbi K. Dominick argued.

Racine Olson Nye Cooper & Budge, Chtd., Pocatello, for respondent Crater Farms, Inc. John A. Bailey, Jr. argued.

Quane Smith Howard & Hull, Boise, for respondent Dept. of Agriculture. Phillip J. Collaer argued.

TROUT, Justice.

The action giving rise to this appeal was initiated by the appellants, Eric and Melanie Duffin, and involves the sale of certified seed potatoes.

I.

BACKGROUND

The sale of certified seed in Idaho is subject to statutory regulation. The responsibility for administering the certification program is granted to the University of Idaho (UI). I.C. § 22-425.1

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