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MARCO DISTRIBUTING, INC. v. BIEHL

No. 11951.

555 P.2d 393 (1976)

97 Idaho 853

MARCO DISTRIBUTING, INC., a corporation, Plaintiff-Appellant, v. Brent BIEHL, Defendant-Respondent.

Supreme Court of Idaho.

October 12, 1976.

Attorney(s) appearing for the Case

Jay B. Gaskill, of Albaugh, Smith & Pike, Idaho Falls, for plaintiff-appellant.

C. Timothy Hopkins, of Hopkins & French, Idaho Falls, for defendant-respondent.

BAKES, Justice.

This is an appeal from a dismissal of plaintiff appellant Marco Distributing, Inc.'s, complaint under I.R.C.P. 12(b)(2) for lack of personal jurisdiction over defendant respondent Brent Biehl, a resident of Michigan. The district court held that it did not have jurisdiction and that this action should be tried in Michigan. We hold that the district court erred in failing to try the jurisdiction issue and make findings on the controverted jurisdictional...

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