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SWANSON v. BECO CONST. CO., INC.

No. 32827.

175 P.3d 748 (2007)

Ted A. SWANSON, Plaintiff-Respondent, v. BECO CONSTRUCTION CO., INC., Defendant-Appellant.

Supreme Court of Idaho, Pocatello, October 2007 Term.

November 23, 2007.

Attorney(s) appearing for the Case

McGrath Meacham Smith Seamons, Idaho Falls, for appellant. Bryan D. Smith argued.

Cooper & Larsen, Pocatello, for respondent. James D. Ruchti argued.

EISMANN, Chief Justice.

This is an appeal from the grant of summary judgment holding that an equipment lease agreement was not ambiguous and that an alleged usage of trade was not applicable. We affirm the judgment of the district court, as modified, and award attorney fees on appeal.

I. FACTS AND PROCEDURAL HISTORY

In the summer of 2004, BECO Construction Co., Inc., (BECO) was working on a government construction contract in downtown Pocatello,...

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