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MEADE v. FREEMAN

No. 10249.

462 P.2d 54 (1969)

93 Idaho 389

Zona Marie MEADE, surviving widow of Melford O. Meade, Deceased, Richard Meade and Denise Irene Meade, minors, by Zona Marie Meade, their Guardian, and Cynthia Meade, Plaintiffs-Appellants, v. John E. FREEMAN, Pedro Arana, and C.E. Celestine, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied September 23, 1969.

Attorney(s) appearing for the Case

Ariel L. Crowley, Idaho City, for appellants.

Coughlan & Imhoff, Boise, for respondents.

SHEPARD, Justice.

This case arrives here procedurally as a result of the dismissal of the complaint of plaintiffs-appellants. Defendants Arana and Celestine moved for summary judgment. The court construed the motion as one for dismissal (I.R.C.P. 12(b) (6)) and issued a memorandum decision and order of dismissal. The dismissal did not apply to defendant Freeman and the case is in abeyance as to him, pending the outcome of this appeal. Appellants assign such dismissal...

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