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AARDEMA v. U.S. DAIRY SYSTEMS, INC.

No. 35218.

215 P.3d 505 (2009)

Don AARDEMA, an individual, Ron Aardema, an individual, and Donald J. Aardema, an individual and doing business as Aardema Dairy; Don Aardema, an individual and Ron Aardema, an individual, doing business as Double A. Dairy, Plaintiffs/Respondents/Cross-Appellants v. U.S. DAIRY SYSTEMS, INC., an Idaho corporation, doing business as Automated Dairy Systems, Inc., Westfaliasurge, Inc., a foreign corporation, and Earl Patterson, an individual Defendants/Appellants/Cross-Respondents, Freedom Electric, Inc., an Idaho corporation, John Doe and Jane Doe, husband and wife, I through X, and Business Entities I through X, Defendants.

Supreme Court of Idaho, Boise, June 2009 Term.

August 24, 2009.

Attorney(s) appearing for the Case

Anderson, Julian & Hull, LLP, Boise, for appellant/cross-respondent U.S. Dairy Systems, Inc. Robert Anderson argued.

Benoit, Alexander, Harwood, High & Valdez, L.L.P., Twin Falls, and Brice A. Tondre, P.C., Lakewood, Colorado, for appellants/cross-respondents WestfaliaSurge, Inc. and Earl Patterson. Brice Tondre argued.

Pedersen and Whitehead, Twin Falls, and Morris, Laing, Evans, Brock & Kennedy, Chartered, Wichita, Kansas, for respondents/cross-appellants Don Aarmeda, Ron Aarmeda, Donald J. Aarmeda, Aardema Dairy and Double A Dairy. Ken Peterson argued.

W. JONES, Justice.

This case is before this Court on interlocutory appeal from the district court's denial of Defendants/Appellants' (U.S. Dairy Systems, Inc., Westfaliasurge, Inc., and Freedom Electric, Inc.) motion for summary judgment. This Court granted permission to appeal pursuant to I.A.R. 12.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs/Respondents (Aardema Dairy) entered into a contract with Defendants/Appellants for the installation and...

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