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FERGUSON v. CITY OF OROFINO

No. 23097.

953 P.2d 630 (1998)

131 Idaho 190

Homer FERGUSON, Plaintiff-Respondent, v. CITY OF OROFINO, a municipal corporation, State of Idaho, Defendant-Appellant.

Court of Appeals of Idaho.

February 20, 1998.

Attorney(s) appearing for the Case

James J. Davis, Thomas E. Dvorak, Boise, for defendant-appellant. Thomas E. Dvorak argued.

Harvey Richman, Coeur d'Alene, for plaintiff-respondent.

LANSING, Chief Judge.

This is an appeal from the district court's appellate decision reversing a magistrate's order for summary judgment in favor of the City of Orofino. The plaintiff, a former employee of the City, claims that the City breached the implied covenant of good faith and fair dealing by preventing his use of accrued personal leave time while he was an employee. He claims compensation for his unused leave. We conclude that genuine factual issues are presented...

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