TRI STATE LAND CO., INC. v. ROBERTS

No. 23512.

965 P.2d 195 (1998)

131 Idaho 835

TRI STATE LAND COMPANY INCORPORATED, a Washington corporation, Plaintiff-Appellant, v. William D. ROBERTS and Marguerite M. Roberts, husband and wife; Wilmar, a general partnership, Defendants-Respondents.

Court of Appeals of Idaho.

July 30, 1998.


Attorney(s) appearing for the Case

Malcolm S. Dymkoski, Coeur d'Alene; John Davis Paul III, Spokane, for Plaintiff-Appellant. John Davis Paul III argued.

Turner, Stoeve & Gagliardi, P.S., Spokane, for Defendants-Respondents. Mary Jane Parry argued.


SCHWARTZMAN, Judge.

Tri State Land Company appeals from a district court decision granting summary judgment in favor of William and Maguerite Roberts and dismissing Tri State's claim with prejudice. Tri State argues that the court failed to consider a "declaration" in its summary judgment decision and that it should be given the opportunity to argue the merits of the motion. For the reasons stated below, we affirm the district...

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