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BALIVI CHEMICAL v. INDUSTRIAL VENTILATION

No. 23301.

958 P.2d 606 (1998)

131 Idaho 449

BALIVI CHEMICAL CORPORATION, an Idaho corporation, Plaintiff-Respondent, v. INDUSTRIAL VENTILATION, INC., Defendant-Appellant.

Court of Appeals of Idaho.

May 7, 1998.

Attorney(s) appearing for the Case

Hepworth, Lezamiz & Hohnhorst, Boise, for appellant. John J. Janis argued.

Holland and Hart, Boise, Respondent. B. Newal Squyres argued.

Substitute Opinion. The Court's Prior Opinion Dated January 7, 1998 is Hereby Withdrawn.

SCHWARTZMAN, Judge.

Industrial Ventilation, Inc. ("IVI") appeals from the district court's summary judgment order entered in favor of Balivi Chemical Corporation ("Balivi"). The summary judgment order held that IVI's counterclaim for $396,311.52 was barred by the four-year statute of limitations for a claim under an oral contract.

I. GENERAL FACTS AND PROCEDURAL...

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