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HELLICKSON v. JENKINS

No. 18010.

796 P.2d 150 (1990)

118 Idaho 273

Edward HELLICKSON and Glenna Hellickson, husband and wife, Plaintiffs-Appellants, v. Joshua LaVon JENKINS, Deceased, Estate and Merrill Jenkins, Personal Representative, Defendants-Respondents.

Court of Appeals of Idaho.

Rehearing Denied July 17, 1990.

Attorney(s) appearing for the Case

Dean Williams, Blackfoot, for plaintiffs-appellants.

Moss & Luke, Blackfoot, for defendants-respondents. Colin W. Luke, argued.

SUBSTITUTE OPINION

The Court's prior opinion dated February 26, 1990, is hereby withdrawn.

BENGTSON, Judge, Pro Tem.

This appeal presents a situation where, in considering a motion under I.R.C.P. 12(b)(6) to dismiss for alleged failure of the complaint to state a claim upon which relief can be granted, the trial court considered matters outside of the complaint without converting the motion to one for summary judgment under I.R.C.P. 56, and apparently...

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