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JAHNKE v. MOORE

No. 16553.

737 P.2d 465 (1987)

112 Idaho 944

Virgil JAHNKE and Phyllis Jahnke, husband and wife, Cross Complainants-Counterdefendants-Appellants, v. Lowell C. MOORE, Cross Defendant-Counterclaimant-Respondent.

Court of Appeals of Idaho.

May 6, 1987.

Attorney(s) appearing for the Case

Thomas J. Holmes of Hawley, Troxell, Ennis & Hawley, Pocatello, for cross complainants-counterdefendants-appellants.

Dean Charles Brandstetter of Cox & Ohman of Idaho Falls, for cross defendant-counterclaimant-respondent.

Before WALTERS, C.J., SWANSTROM, J., and McQUADE, J., pro tem.

This opinion supercedes our opinion issued on April 7, 1987, which is hereby withdrawn.

PER CURIAM.

This case involves the attempted pretrial disqualification of a judge under I.R.C.P. 40(d)(1). After their first scheduled trial date was vacated and a second trial date was set, the Jahnkes moved to automatically disqualify the judge under the rule. The judge denied their motion, holding that the motion had not been timely filed after the setting of the first...

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