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GILLINGHAM CONST. v. NEWBY-WIGGINS CONST.

No. 30129.

121 P.3d 946 (2005)

142 Idaho 15

GILLINGHAM CONSTRUCTION, INC., an Idaho corporation, Plaintiff-Counterdefendant-Appellant-Cross Respondent, v. NEWBY-WIGGINS CONSTRUCTION, INC., an Idaho corporation, Defendant-Counterclaimant-Respondent-Cross Appellant. Newby-Wiggins Construction, Inc., an Idaho corporation, Third-Party Plaintiff, v. State of Idaho, Third Party Defendant. State of Idaho, Third Party Plaintiff, v. Lombard-Conrad Architects, P.A., an Idaho professional corporation, corporation, Third Party Defendant.

Supreme Court of Idaho, Boise, March 2005 Term.

Rehearing Denied October 3, 2005.

Attorney(s) appearing for the Case

Barker, Rosholt & Simpson, LLP, Boise for appellant. Albert P. Barker argued.

Perkins Coie, LLP, Boise, for respondent. Richard C. Boardman argued.

SCHROEDER, Chief Justice.

Gillingham Construction, Inc. (Gillingham) appeals from an order granting Judgment Notwithstanding the Verdict or, in the Alternative, a New Trial entered by the district court setting aside a jury verdict following trial for breach of a construction contract against Newby-Wiggins Construction, Inc. (Newby-Wiggins).

I.

FACTUAL AND PROCEDURAL BACKGROUND

On June 13, 1993, the State of Idaho (the State) awarded Newby...

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