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BILOW v. PRECO, INC.

No. 23737.

966 P.2d 23 (1998)

132 Idaho 23

Robert L. BILOW, Plaintiff-Respondent-Cross Appellant, v. PRECO, INC., an Idaho Corporation, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Twin Falls, March 1998 Term.

Rehearing Denied November 3, 1998.

Attorney(s) appearing for the Case

Holland & Hart and Eberle, Berlin, Kading, Turnbow & McKlveen, Boise, for appellant. Steven B. Anderson argued.

Hepworth, Lezamiz & Hohnhorst, Boise, for respondent. John C. Hohnhorst argued.

SCHROEDER, Justice.

This is an appeal from the district court's grant of summary judgment in favor of Robert Bilow (Bilow) against Preco, Inc. (Preco). The district court held that sums of deferred incentive compensation payable to Bilow pursuant to an employment contract were (1) "wages" pursuant to section 45-601(4) of the Idaho Code (I.C.), and (2) the Employment Retirement Income Security Act did not preempt Bilow's claim of treble damages. Bilow has cross-appealed...

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