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WESCO AUTOBODY SUPPLY, INC. v. ERNEST

No. 35732.

243 P.3d 1069 (2010)

WESCO AUTOBODY SUPPLY, INC., a Washington corporation, Plaintiff-Appellant-Cross Respondent, v. Holly ERNEST, individually; Paint and Spray Supply, Inc., an Idaho corporation; Automotive Paint Warehouse, a Utah corporation; Hugh Barkdull, individually; Brady Barkdull, individually; and Mike Cook, individually, Defendants-Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, February 2010 Term.

Rehearing Denied November 26, 2010.

Attorney(s) appearing for the Case

Givens Pursley, LLP, Boise and Davis Wright Tremaine, LLP, Seattle, for appellant. Alan Middleton , Seattle, argued.

Merrill & Merrill, Pocatello, for respondent. Kent L. Hawkins argued.

SUBSTITUTE OPINION

THE COURT'S PREVIOUS OPINION FILED JULY 28, 2010 IS HEREBY WITHDRAWN

BURDICK, Justice.

This case arises out of the purchase by Appellant Wesco Autobody Supply, Inc. (Wesco) of three auto body supply stores from Paint & Equipment Supply, Inc. (P & E) on August 1, 2005. The stores were located in Idaho Falls, Pocatello, and Twin Falls, Idaho (Idaho Stores). Respondents Holly Ernest (Ernest) and Tom Davis (Davis) were owners...

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