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STATE DEPT. OF HEALTH & WELFARE v. ANNEN

Docket No. 20499.

889 P.2d 720 (1995)

126 Idaho 691

STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, ex rel., STATE OF WASHINGTON, ex rel., Virginia F. NICKLAUS, Plaintiff-Respondent-Cross-Appellant, v. Roger ANNEN, Defendant-Appellant-Cross-Respondent.

Supreme Court of Idaho, Pocatello, May 1994 Term.

February 13, 1995.

Attorney(s) appearing for the Case

Ronald J. Jarman, Pocatello, for appellant.

Larry EchoHawk, Atty. Gen. and Margaret C. Lawless, Deputy Atty. Gen., Boise, for respondent. Margaret C. Lawless argued.

PER CURIAM.

This is a paternity action brought ten years after the birth of the child in question by the Idaho Department of Health and Welfare. The central issue is whether the State's action is barred by laches. We hold that it is not, vacate the magistrate's order which dismissed this action on grounds of laches, and remand this case for further proceedings.

I.

FACTS AND PROCEDURAL BACKGROUND

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