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DBSI/TRI V v. BENDER

No. 22335.

948 P.2d 151 (1997)

130 Idaho 796

DBSI/TRI V, an Idaho Limited Partnership, and DBSI/TRI VII, an Idaho Limited Partnership, and DBSI/TRI VIII, an Idaho Limited Partnership, Plaintiffs-Appellants, v. Fred H. BENDER, Philip A. McLennan, Bender and Bender, an Idaho Limited Partnership, Shelter Properties Limited, an Idaho General Partnership, McLennan and Bender, an Idaho General Partnership; and Western States Development Corporation, an Oregon Corporation, Defendants-Respondents.

Supreme Court of Idaho, Boise, January 1997 Term.

Rehearing Denied December 24, 1997.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields Chtd., Boise, for Plaintiffs-Appellants. Robert E. Bakes argued.

Cosho, Humphrey, Greener & Welsh, Boise, for Plaintiffs-Appellants. Fredric V. Shoemaker argued.

Hawley, Troxell, Ennis & Hawley, Boise, for Defendants-Respondents. Merlyn W. Clark argued.

SCHROEDER, Justice.

This is an appeal from a series of partial summary judgments dismissing plaintiffs/appellants' Complaint alleging breach of contract, breach of warranty, breach of fiduciary duties, fraud, unjust enrichment, and commercial impracticability.

I.

BACKGROUND AND PRIOR PROCEEDINGS

This case involves the purchase of seven rural housing projects ("the Projects") located throughout southern Idaho. The Projects are low-income...

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