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KLAUE v. HERN

Nos. 24456, 24138.

988 P.2d 211 (1999)

133 Idaho 437

August V. KLAUE, Plaintiff-Appellant, v. Alan HERN, Executive Vice President and General Manager of Regulus Stud Mills, Inc.; Caroline Rice Hern, Personal Representative of the Estate of Jack A. Hern, deceased; Regulus Stud Mills, Inc., an Idaho corporation; and Arlen B. Looney, Jr., its Secretary/Treasurer, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, April 1999 Term.

September 22, 1999.

Attorney(s) appearing for the Case

Law Offices of Charles A. Brown, Lewiston, for appellant. Charles Brown argued.

Witherspoon, Kelley, Davenport & Toole, P.S., Coeur d'Alene, for respondents. Edward Anson argued.

SILAK, Justice.

This is an appeal from an order granting a motion to dismiss appellant August V. Klaue's complaint for declaratory judgment, specific performance of a stock transfer agreement and an accounting and from an order granting attorney fees and costs. For the reasons stated below, we vacate the order of dismissal and the award of attorney fees and costs and remand for further proceedings.

I.

FACTS AND PROCEDURAL BACKGROUND

A...

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