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CLEAR LAKES TROUT CO., INC. v. CLEAR SPRINGS FOODS, INC.

No. 30023.

106 P.3d 443 (2005)

141 Idaho 117

CLEAR LAKES TROUT COMPANY, INC., Plaintiff-Appellant, v. CLEAR SPRINGS FOODS, INC., Defendant-Respondent.

Supreme Court of Idaho, Boise, December 2004 Term.

January 28, 2005.

Attorney(s) appearing for the Case

Ringert, Clark, Chtd., Boise, for appellant. Daniel V. Steenson argued.

Barker, Rosholt & Simpson, LLP, Boise, for respondents. John K. Simpson argued.

KIDWELL, Justice Pro Tem.

This is an action for breach of contract. The dispositive issue is whether the Safe Harbor provision contained in the Interim Stipulated Agreement (Agreement), which limits the rights of the parties to pursue actions against other parties for curtailment of water, prohibited Clear Springs Foods, Inc. (Springs) from seeking curtailment of Clear Lakes Trout Company Inc.'s (Lakes) water rights. The district court granted Springs' Motion for...

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