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BURCH v. HEARN

No. 17782.

782 P.2d 1238 (1989)

116 Idaho 956

Roger Keith BURCH, Plaintiff-respondent, v. Lori Ann HEARN, Defendant-appellant.

Supreme Court of Idaho.

November 17, 1989.

Attorney(s) appearing for the Case

Anderson, Pike & Bush, Idaho Falls, Idaho, for appellant. Edward W. Pike and Anne M. Bedinghaus O'Brien argued.

Cox & Ohman, Idaho Falls, Idaho, for respondent. Roger D. Cox argued.

BAKES, Chief Justice.

This is a paternity action brought by Roger Burch (Roger) against Lori Ann Hearn (Lori). The magistrate court dismissed the complaint without prejudice for lack of jurisdiction because Roger failed to file a claim of paternity pursuant to I.C. § 16-1513(3). Roger appealed to the district court, which reversed the lower court on the grounds that the notice requirement in I.C. § 16-1513(3) was not applicable to this action which was filed...

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