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OBENDORF v. TERRA HUG SPRAY CO., INC.

Nos. 31195, 31217.

188 P.3d 834 (2008)

Greg OBENDORF and Boyd Gray, Plaintiffs-Respondents-Cross Appellants, v. TERRA HUG SPRAY COMPANY, INC., an Idaho corporation, Defendant, and J.R. Simplot Company, a Nevada corporation, dba Simplot Soilbuilders, Defendant-Appellant-Cross Respondent. Greg Obendorf and Boyd Gray, Plaintiffs-Respondents-Cross Appellants, v. Terra Hug Spray Company, Inc., an Idaho corporation, Defendant-Appellant-Cross Respondent, and J.R. Simplot Company, a Nevada corporation, dba Simplot Soilbuilders, Defendant.

Supreme Court of Idaho, Boise, February 2008 Term.

Rehearing Denied July 8, 2008.

Attorney(s) appearing for the Case

Cantrill, Skinner, Sullivan & King, LLP, Boise and P. Mark Thompson, Boise, for appellant-cross respondent. J.R. Simplot Company, dba Simplot Soilbuilders. Robert D. Lewis argued.

White Peterson, P.A., Nampa, for respondent-cross appellants Greg Obendorf and Boyd Gray. William Gigray III argued.

HORTON, Justice.

This is a crop loss case. Respondents Greg Obendorf and Boyd Gray brought suit against Appellants J.R. Simplot Company (Simplot) and Terra Hug Spray Company, Inc. (Terra Hug), advancing claims based upon negligence and breach of contract. The jury found in favor of Respondents, awarding $2,435,906 in total damages.1 The district court thereafter granted Simplot's motion for new trial based on newly discovered evidence...

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