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SUPER GRADE v. DEPT. OF COMMERCE AND LABOR

No. 32695.

162 P.3d 765 (2007)

SUPER GRADE, INC., Harry Hartung, Employer Account #00022213834, Employer-Appellant, v. IDAHO DEPARTMENT OF COMMERCE AND LABOR, Respondent.

Supreme Court of Idaho, Moscow, April 2007 Term.

June 27, 2007.

Attorney(s) appearing for the Case

John P. Whelan, P.C., Coeur d'Alene, for appellant.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Katherine Takasugi argued.

TROUT, Justice.

This appeal arises from a decision by the Industrial Commission, which found that Idaho Code section 72-1351 mandates a partial transfer of Krick Equipment Inc.'s experience rating account to Super Grade Inc. based on a finding that Super Grade, Inc. had succeeded to 74.31 percent of Krick Equipment Inc.'s existing business, and further ordering Super Grade Inc. to assume joint liability for unpaid unemployment insurance taxes.

I.

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