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STATE v. QUICK TRANSPORT, INC.

No. 25150.

999 P.2d 895 (2000)

134 Idaho 240

STATE of Idaho, ex rel. Industrial Commission, Plaintiff-Appellant, v. QUICK TRANSPORT, INC., an Idaho corporation; Mary Cradduck, President; and Paula Miller, Secretary; in their individual and official capacities, Defendants-Respondents.

Supreme Court of Idaho, Boise, January 2000 Term.

April 28, 2000.

Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General, Boise, for appellant. A. Rene Martin, Deputy Attorney General, argued.

Thomas B. Dominick, Boise, argued for respondents.

TROUT, Chief Justice.

This is an appeal from the district judge's order affirming the magistrate judge's order granting summary judgment to the respondent, Quick Transport (Quick) and dismissing the Industrial Commission's (Commission) complaint for lack of subject matter jurisdiction.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In January 1995, the Commission's compliance department became aware that Quick was an Idaho employer with no worker...

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