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BANK OF COMMERCE v. JEFFERSON ENTERPRISES

No. 40034.

303 P.3d 183 (2013)

The BANK OF COMMERCE, an Idaho banking corporation, Plaintiff-Counterdefendant-Respondent, v. JEFFERSON ENTERPRISES, LLC, an Idaho limited liability company, Defendant-Counterclaimant-Appellant.

Supreme Court of Idaho, Pocatello, May 2013 Term.

June 20, 2013.

Attorney(s) appearing for the Case

Able Law PC, Pocatello, for appellant. A. Bruce Larson argued.

Nelson Hall Parry Tucker, P.A., Idaho Falls, for respondent. Brian T. Tucker argued.

J. JONES, Justice.

The Bank of Commerce ("Bank") instituted this action to foreclose two mortgages against the Pocatello real estate development of Jefferson Enterprises, LLC ("Jefferson"). Jefferson counterclaimed on a variety of grounds. The district court granted summary judgment in favor of the Bank, ordering foreclosure of the mortgages. We affirm.

I.

FACTUAL AND PROCEDURAL HISTORY

In late 2005 and early 2006, Jefferson was engaged...

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