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HERITAGE EXCAVATION, INC. v. BRISCOE

No. 29612.

105 P.3d 700 (2005)

141 Idaho 40

HERITAGE EXCAVATION, INC., an Idaho corporation, Plaintiff-Counterdefendant-Appellant, v. Franklin V. BRISCOE, an individual, Darris Ellis and Cynthia Ellis, individually, Defendants-Counterclaimants-Respondents.

Court of Appeals of Idaho.

January 5, 2005.

Attorney(s) appearing for the Case

Douglas J. Balfour, Chtd, Pocatello, for appellant. Douglas J. Balfour argued.

Cooper & Larsen, Pocatello, for respondent, Franklin V. Briscoe. Gary L. Cooper argued.

Jones, Chartered, Pocatello, for respondents Darris and Cynthia Ellis. Jack H. Robison argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED NOVEMBER 23, 2004, HAS BEEN WITHDRAWN

GUTIERREZ, Judge.

Heritage Excavation, Inc. appeals from the order of the district court granting summary judgment in favor of Franklin V. Briscoe. We affirm.

I.

FACTUAL AND PROCEDURAL SUMMARY

Briscoe owned real property located in Bannock County across the street from a subdivision known as Victorian Village. Victorian Village had...

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