BECO CONST. CO., INC. v. J-U-B ENGINEERS

No. 35873.

233 P.3d 1216 (2010)

BECO CONSTRUCTION COMPANY, INC., an Idaho corporation, Plaintiff-Appellant, v. J-U-B ENGINEERS INC., and Does 1-15, whose true names are unknown, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 2010 Term.

Rehearing Denied July 8, 2010.


Attorney(s) appearing for the Case

Bryan D. Smith, Esq., Idaho Falls, for appellant.

C. Tom Arkoosh, Esq., Boise, for respondent. Daniel Alan Nevala argued.


HORTON, Justice.

This case arises out of a district court's decision, upon remand from this Court, awarding attorney fees to J-U-B Engineers, Inc. (J-U-B) and ordering that the Bannock County Auditor remit $41,140 to J-U-B from the $102,541.86 cash bond previously deposited with the auditor by BECO Construction Company, Inc. (BECO). We vacate those orders and remand for further proceedings.

I. FACTUAL AND PROCEDURAL...

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