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McQUADE, Chief Justice [specially concurring).
I continue to adhere to the views I expressed in my dissent in the Newlan and Agost cases, and believe that the reasoning set forth in that dissent is equally applicable if not more compelling to the case at hand. However, as a majority of this Court is not persuaded to adopt my reasoning, I feel bound by the holding of the Newlan and Agost decisions.
Document Info
Docket Number: 11744
Citation Numbers: 539 P.2d 987, 97 Idaho 59, 1975 Ida. LEXIS 360
Judges: Shepard, Donaldson, Bakes, McQuade, Scoggin
Filed Date: 8/12/1975
Precedential Status: Precedential
Modified Date: 11/8/2024