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STATE, DEPT. OF AGRICULTURE v. CURRY BEAN CO. INC.

No. 28908.

86 P.3d 503 (2004)

139 Idaho 789

STATE of Idaho, DEPARTMENT OF AGRICULTURE, on behalf of the COMMODITY INDEMNITY FUND, Plaintiff-Respondent, v. CURRY BEAN CO. INC., an Idaho corporation, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2003 Term.

February 27, 2004.

Attorney(s) appearing for the Case

Hollifield and Bevan, Twin Falls, for appellant. William R. Hollifield argued.

Elam & Burke, P.A., Boise, for respondent. R. Michael Southcombe argued.

TROUT, Chief Justice.

Appellant Curry Bean Company ("CBC") appeals the district court's grant of summary judgment for the State of Idaho, Department of Agriculture, on behalf of the Commodity Indemnity Fund ("the Department"), finding that CBC failed to exhaust administrative remedies after the Department declared CBC failed and subsequently brought suit against CBC for indemnification for funds paid to claimants in accordance with Section 69-262 of the Idaho Code...

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