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INTERMOUNTAIN REAL PROPERTIES, LLC v. DRAW

No. 40335.

311 P.3d 734 (2013)

INTERMOUNTAIN REAL PROPERTIES, LLC, an Idaho limited liability company, as assignee of TMC Contractors, Inc., Plaintiff-Appellant, v. DRAW, LLC, an Idaho limited liability company, Defendant-Respondent, and Kevin Taggart, an individual, Camden Court, LLC, an Idaho limited liability company, Timberline Properties, LLC, an Idaho limited liability company, Aaron Dean Eddington, an individual, Citizens Community Bank, and All Other Persons Unknown Claiming Interest in the Subject Property, Defendants.

Supreme Court of Idaho, Pocatello, August 2013 Term.

October 16, 2013.

Attorney(s) appearing for the Case

Manwaring Law Office, Idaho Falls, for appellants. Kipp L. Manwaring argued.

Thomsen Stephens Law Offices, Idaho Falls, for respondent. Richard R. Friess argued.

BURDICK, Chief Justice.

Appellant, Intermountain Real Properties, LLC (Intermountain), appeals the Bingham County district court's grant of summary judgment to Respondent, Draw, LLC (Draw). Intermountain initially brought a cause of action, as an assignee of a materialmen's lien, against Draw and other defendants to recover payment on work paving a private drive in the Taylorview Development. The district court granted summary judgment to Draw on the grounds that...

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