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V-1 OIL CO. v. IDAHO TRANSP. DEPT.

No. 23810.

959 P.2d 463 (1998)

131 Idaho 482

V-1 OIL COMPANY, an Idaho corporation, Plaintiff-Appellant, v. IDAHO TRANSPORTATION DEPARTMENT, Defendant-Respondent.

Supreme Court of Idaho, Idaho Falls, May 1998 Term.

June 15, 1998.

Attorney(s) appearing for the Case

Pike & Shurtliff, P.A., Idaho Falls, for appellant. Scott C. Cifrese argued.

Alan G. Lance, Attorney General; Michael S. Gilmore, Deputy Attorney General, Boise, for respondent. Michael S. Gilmore argued.

JOHNSON, Justice.

This is a governmental immunity case. We conclude that pursuant to section 49-1007 of the Idaho Code (I.C.), the Idaho Transportation Department (the Department) is immune from liability for its activities in weighing a tanker truck.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

On March 1, 1995, a V-1 Oil Company (V-1) tanker truck (the truck) filled with liquid propane was stopped and weighed at a temporary port of entry by...

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