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O'GUIN v. BINGHAM COUNTY

No. 28210.

72 P.3d 849 (2003)

139 Idaho 9

Frank and Leslie O'GUIN, husband and wife, individually, and in their capacity as parents and legal guardians of Frank O'Guin, Jr., a minor, Plaintiffs-Appellants, v. BINGHAM COUNTY; Bingham County Commissioners; and Bingham County Public Works, a political subdivision; and Dippel Lateral Ditch Company, Defendants-Respondents.

Supreme Court of Idaho, Boise, March 2003 Term.

June 18, 2003.

Attorney(s) appearing for the Case

Law Offices of Comstock & Bush, Boise, for appellants. John A. Bush argued.

Anderson, Nelson, Hall, Smith, Idaho Falls, for respondents. Blake G. Hall argued.

WALTERS, Justice.

Frank and Leslie O'Guin brought an action against Bingham County, its commissioners, and its public works department for the wrongful death of their minor sons, Shaun and Alex. The County filed a summary judgment motion, which the district court denied. When the County sought permission to appeal, the district court, sua sponte, reconsidered its decision and granted summary judgment in favor of the County. For the reasons that follow, we affirm...

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