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SHELTON v. DIAMOND INTERN. CORP.

No. 15305.

703 P.2d 699 (1985)

108 Idaho 935

Marcilena SHELTON, Individually, and as guardian ad litem for Desiree Rochelle Noble Shelton, Ronald Eugene Noble Shelton, Doyle Ray Noble Shelton and Teranie Leanne Noble Shelton, Plaintiffs-Appellants, v. DIAMOND INTERNATIONAL CORPORATION and "XYZ Corporation," whose true name is unknown, Defendants-Respondents.

Supreme Court of Idaho.

July 15, 1985.

Attorney(s) appearing for the Case

Michael K. Branstetter, Wallace, for plaintiffs-appellants.

Patrick E. Miller, Coeur d'Alene, for defendants-respondents.

BAKES, Justice.

This is an appeal from an order granting relief from a default judgment on the basis of inadvertence and excusable neglect under I.R.C.P. 60(b)(1). We affirm.

Harold Shelton was killed on August 20, 1980, when the car he was driving went off a road and down a steep embankment. On August 19, 1982, one day before the statute of limitations was to expire, Shelton's heirs filed a complaint alleging that the road was within the control of and negligently...

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