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WESTERN COMMUNITY INS. CO. v. KICKERS, INC.

No. 27353.

48 P.3d 634 (2002)

137 Idaho 305

WESTERN COMMUNITY INSURANCE COMPANY, Plaintiff-Respondent, v. KICKERS, INC. and Shane Anderson, Defendants-Appellants, and US Bank fbo Fawson Trust, Intervenor-Appellant.

Supreme Court of Idaho, Boise, May 2002 Term.

May 31, 2002.

Attorney(s) appearing for the Case

Service Gasser & Kerl, Pocatello, for appellants Kickers, Inc., and Shane Anderson. Kickers, Inc., and Shane Anderson did not participate in the appeal.

Johnson Olson, Chartered, Pocatello, for appellant Fawson Trust. L. Charles Johnson, III, argued.

Merrill & Merrill, Pocatello, for respondent Western Community Insurance Company. Kent L. Hawkins argued.

EISMANN, Justice.

US Bank, for the benefit of the Lee Fawson Trust, appeals the denial of its motion to intervene in this action. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

US Bank (Bank) administers assets and property for the benefit of the Lee Fawson Trust (Trust). In September 1998, the Trust contracted with Kickers, Inc., (Kickers) to repair and install a hardwood dance floor in a

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