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J.R. SIMPLOT CO. v. RYCAIR, INC.

No. 28040.

67 P.3d 36 (2003)

138 Idaho 557

J.R. SIMPLOT COMPANY, a Nevada Corporation, Plaintiff-Appellant-Cross Respondent, v. RYCAIR, INC., Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, January 2003 Term.

Rehearing Denied April 18, 2003.

Attorney(s) appearing for the Case

P. Mark Thompson, Boise; Jones, Gledhill, Hess, Andrews Fuhrman, Bradbury & Eiden, PA, Boise, for appellant. Phil D. DeAngeli, Boise, argued.

Lerma Law Office, PA, Boise, for respondent. John J. Lerma, Boise, argued.

WALTERS, Justice.

J.R. Simplot Company, Inc. ("Simplot") leased a building to Rycair, Inc. The building was destroyed by a fire during the lease period. Simplot sued Rycair, alleging negligence with respect to the cause of the fire and breach of contract for failure to maintain fire insurance on the building. Rycair filed a motion for partial summary judgment on the breach of contract claims. The district court granted Rycair...

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