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MARKS v. VEHLOW

No. 13938.

671 P.2d 473 (1983)

105 Idaho 560

Ellen MARKS, Petitioner, v. Honorable Karen J. VEHLOW, Magistrate of the Fourth Judicial District of the State of Idaho, the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada, and the Magistrate's Division Thereof, Respondent.

Supreme Court of Idaho.

October 21, 1983.

Attorney(s) appearing for the Case

P. Craig Storti and Robert L. Bilow, of Hawley, Troxell, Ennis & Hawley, Howard I. Manweiler, of Manweiler & Bevis, Boise, for petitioner.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for respondent.

DONALDSON, Chief Justice.

Michael Clary was awarded custody of his natural daughter Alysia Clary, a minor child, pursuant to an Arizona divorce decree issued on May 12, 1975. Following the divorce, Mr. Clary and Alysia lived in Nebraska. In the summer of 1980, while the child was visiting with her natural mother Eugenia (Clary) Gilmore, in Idaho, Mrs. Gilmore filed a motion for temporary possession of Alysia in Nebraska. The Nebraska court denied the motion and entered...

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