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SHUNN CONST., INC. v. ROYAL INS. CO. OF AMERICA

No. 20752.

897 P.2d 89 (1995)

127 Idaho 97

SHUNN CONSTRUCTION, INC., Plaintiff-Appellant-Cross Respondent, v. ROYAL INSURANCE COMPANY OF AMERICA, an Illinois Corporation, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho. Boise, January 1995 Term.

Rehearing Denied July 16, 1995.

Attorney(s) appearing for the Case

Cosho, Humphrey, Greener & Welsh, Boise, and William C. Tharp, Ontario, OR, for appellant-cross respondent. Robert W. Talboy argued.

Brady, Lerma, Ctd., Boise, and Elam & Burke, P.A., Boise, for defendant-respondent-cross appellant. Bobbi K. Dominick argued.

McDEVITT, Chief Justice.

I.

BACKGROUND AND PRIOR PROCEEDINGS

The Central Orchard Sewer District (COSD) filed a complaint against Shunn Construction Co. (Shunn), in federal district court. COSD alleged that Shunn breached a contract between COSD and Shunn for the construction of a sewer in Lewiston, Idaho. Among the deficiencies in Shunn's performance listed in COSD's complaint was "[i]nstallation of pipe which had been subject to rock protrusions...

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