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TETZLAFF v. BROOKS

No. 23468.

950 P.2d 1242 (1997)

130 Idaho 903

Donald D. TETZLAFF, Plaintiff-Appellant, v. Larry BROOKS, d/b/a Larry Brooks Excavation, Defendant-Respondent.

Supreme Court of Idaho, Boise, November 1997 Term.

December 24, 1997.

Attorney(s) appearing for the Case

Wm. Breck Seiniger, Jr., Boise, for Plaintiff-Appellant.

Quane, Smith, Howard & Hull, Boise, for Defendant-Respondent. Chris H. Hansen argued.

JOHNSON, Justice.

This is a statute of limitations case that involves our interpretation of section 5-229 of the Idaho Code (I.C.). We reaffirm that this statute tolls the running of a statute of limitations only when the party against whom the claim is made was out of the state and during that time could not have been located for service of process with reasonably diligent efforts. We uphold the trial court's grant of summary judgment dismissing the claim in the...

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