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STATE v. RUBBERMAID INC.

No. 21566.

924 P.2d 615 (1996)

129 Idaho 353

STATE of Idaho, Lexington Insurance Company, Mount Hawley Insurance Company, Lloyds' Underwriters at London, and Commonwealth Insurance Company, Plaintiffs-Appellants, v. RUBBERMAID INCORPORATED, an Ohio corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, February 1996 Term.

September 26, 1996.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Aherin, Rice & Anegon, Lewiston; Ryder & Ryan, Seattle, WA, for appellants. Darrel W. Aherin argued, Lewiston,

Eberle, Berlin, Kading, Turnbow & McKlveen, Boise, for respondent. William A. Fuhrman argued, Boise.

SILAK, Justice.

This is an appeal by the State of Idaho and its insurers (the State) from a summary judgment entered by the district court in favor of the respondent Rubbermaid Inc. (Rubbermaid), in a case arising out of the January 1, 1992 fire in the Idaho State Capitol Building which originated from a smoldering cigarette deposited in a wastebasket allegedly manufactured by Rubbermaid. We vacate the order of summary judgment and remand to the district court for...

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