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KOOTENAI ELEC. CO-OP., INC. v. LAMAR CORP.

No. 33807.

219 P.3d 440 (2009)

KOOTENAI ELECTRIC COOPERATIVE, INC., an Idaho corporation d/b/a Cooperative Marketing Association, Plaintiff/Appellant/Cross Respondent, v. The LAMAR CORPORATION; The Lamar Company, L.L.C., a limited liability company d/b/a the successor in interest to The Lamar Corporation, Defendants/Respondents/Cross-Appellants.

Supreme Court of Idaho, Lewiston, April 2009.

Rehearing Denied November 18, 2009.

Attorney(s) appearing for the Case

Floyd & Pflueger, P.S., Seattle, Washington; Hawley Troxell Ennis & Hawley L.L.P., Boise; McDevitt & Miller, L.L.P., Boise, for appellants. Merlyn W. Clark argued.

Quane Smith L.L.P., Boise; Tucker Ellis & West LLP, Cleveland, Ohio; Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondents. Irene C. Keyse-Walker argued.

J. JONES, Justice.

NATURE OF CASE

Kootenai Electric Cooperative, Inc. (KEC) appeals from the district court's summary judgment dismissal of its claim for repayment from The Lamar Corporation and The Lamar Company, L.L.C. (Lamar) of the amount that KEC paid pursuant to a judgment in a personal injury case. The judgment was rendered against KEC for injuries that James E. Kuntz suffered when he came into contact with one of KEC's high voltage power lines as...

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