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BEEMAN v. PETRIE

No. 19122.

853 P.2d 583 (1993)

123 Idaho 838

Jerri Lynne BEEMAN, Petitioner-Appellant, v. Magistrate Judge Gordon W. PETRIE, in his official capacity, and Edwin Guy Schiller, the real party in interest, Respondents.

Supreme Court of Idaho, Boise, December 1992 Term.

May 28, 1993.

Attorney(s) appearing for the Case

Marcus, Merrick & Montgomery, Boise, for appellant. Gale M. Merrick argued.

Schiller & Schiller, Chtd., Nampa, for respondents. James E. Schiller argued.

Submitted on the briefs without oral argument.

JOHNSON, Justice.

This is an appeal from a district judge's dismissal of an application for writ of review in a child custody case in which a magistrate judge issued a contempt order. In the course of the appeal, Edwin Guy Schiller requested this Court to issue a writ of habeas corpus requiring Jerri Lynne Beeman to return the child to him.

We conclude that the district judge should have granted the application for review to address the question of the jurisdiction...

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