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NERCO MINERALS CO. v. MORRISON KNUDSEN CORP.

No. 24152.

976 P.2d 457 (1999)

132 Idaho 531

NERCO MINERALS COMPANY and Nerco Delamar Company, now doing business as Kinross Delamar Company, Plaintiffs-Appellants, v. MORRISON KNUDSEN CORPORATION and Morrison Knudsen Engineers, Inc., Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1998 Term.

March 31, 1999.

Attorney(s) appearing for the Case

Stoel Rives and McDevitt & Miller, Boise, for appellants. Chas. F. McDevitt argued.

Hawley, Troxell, Ennis & Hawley, Boise, for respondents. Eugene A. Ritti argued.

TROUT, Chief Justice.

Nerco Minerals Company (Nerco) appeals from the district judge's decision dismissing its complaint under I.R.C.P. 4(a)(2). Nerco filed suit against Morrison Knudsen Corporation and Morrison Knudsen Engineers (collectively "MK") in federal and state court. Nerco served MK with a copy of the federal complaint. In an apparent attempt to avoid the cost of defending a motion to dismiss under I.R.C.P. 12(b)(8), Nerco chose not to serve a copy of the...

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