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TERRA-WEST, INC. v. IDAHO MUT. TRUST, LLC

No. 36523.

247 P.3d 620 (2010)

TERRA-WEST, INC., an Idaho corporation, Plaintiff-Respondent, v. IDAHO MUTUAL TRUST, LLC, an Idaho limited liability company, Defendant-Appellant, and Mike Urwin Enterprises, Inc., an Idaho corporation; Red Cliff Development, Inc., an Idaho corporation; Alloway Electric Co., Inc., an Idaho corporation; Electric Wholesale Supply Co., Inc., an Idaho corporation; Kristen R. Thompson, an individual; All Persons in Possession or Claiming any Right to Possession, Defendants.

Supreme Court of Idaho, Boise, August 2010 Term.

Rehearing Denied February 8, 2011.

Attorney(s) appearing for the Case

Hawley Troxell Ennis & Hawley, LLP, Boise, for appellant. Ryan T. McFarland argued.

Trout Jones Gledhill Fuhrman Gourley, PA, Boise, for respondent. Daniel L. Glynn argued.

J. JONES, Justice.

Idaho Mutual Trust, LLC, appeals the order of the district court granting the motion of Terra-West, Inc., for leave to file an amended complaint. We affirm.

I.

Background

In 2006, Red Cliff Development, Inc., contracted with Terra-West, Inc., to provide excavation and irrigation related labor and materials for the development of a 40-acre subdivision in Caldwell. After Terra-West commenced work on the property, Red Cliff...

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