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FIRST SEC. BANK OF IDAHO, N.A. v. MURPHY

No. 23485.

964 P.2d 654 (1998)

131 Idaho 787

FIRST SECURITY BANK OF IDAHO, N.A., as trustee of the David Johnson Trusts; Dorothy Johnson; Connie Johnson; Sherry Johnson; and Mike Johnson, Plaintiffs-Appellants, v. Donald MURPHY, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied October 13, 1998.

Attorney(s) appearing for the Case

White, Peterson, Pruss, Morrow & Gigray, P.A., Nampa; Todd A. Rossman and Eric S. Rossman, for Plaintiffs-Appellants. Eric S. Rossman argued.

Alexanderson, Davis, Rainey & Whitney, Caldwell; David L. Whitney, for Defendant-Respondent. David L. Whitney argued.

WALTERS, Justice.

This is an appeal from the district court's award of summary judgment in favor of the defendant shareholder and general manager of Ace Supply, Inc., arising out of the interpretation of a shareholders' agreement providing for a corporate buy-back of stock upon the death of a shareholder of the closely held corporation. We vacate the order granting summary judgment to the defendant and remand the case for further proceedings.

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