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AMERICAN PENSION SERVICES v. CORNERSTONE

No. 34697.

213 P.3d 1038 (2009)

AMERICAN PENSION SERVICES, INC.; Drew Downs; Curtis Deyoung; Harry Segura; Dean Deyoung; and E. Dale Henderson, Plaintiffs/Respondents v. CORNERSTONE HOME BUILDERS, LLC, a Utah Limited Liability Company; and Cornerstone Home Builders, LLC, an Idaho Limited Liability Company, Defendants/Appellants.

Supreme Court of Idaho, Boise, May 2009 Term.

July 15, 2009.

Attorney(s) appearing for the Case

Dunn Law Offices, PLLC, Rigby, for appellant. Robin Dunn argued.

Racine, Olson, Nye, Budge & Bailey, Chtd., Pocatello, for respondent. Stephen Muhonen argued.

W. JONES, Justice.

This appeal arises from a breach of contract claim filed by American Pension Services, Inc. (APS) against Cornerstone Home Builders, LLC (Cornerstone). The district court found in favor of APS and Cornerstone appeals that decision to this Court.

FACTUAL AND PROCEDURAL BACKGROUND

APS filed the initial complaint on January 10, 2006 against Cornerstone for breach of contract, fraud, specific performance, unjust enrichment/rescission...

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