Idaho Supreme Court December 20, 1974, 11523 (Vance v. Connell)

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DONALDSON, Justice.

This appeal places in issue the propriety of the granting of respondent’s cause of action by summary judgment for the respondent pursuant to I.R.C.P. 56. For the reasons stated in this opinion, that order is reversed and the cause is remanded to the district court for trial on the merits.