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GARCIA v. PINKHAM

No. 33330.

174 P.3d 868 (2007)

In the Matter of Charles Albert Pinkham, Deceased. Catherine R. GARCIA, Plaintiff-Respondent, v. Albert Leroy PINKHAM a/k/a Llewellyn A. Pingree, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, September 2007.

November 14, 2007.

Attorney(s) appearing for the Case

Mabbutt & Mumford, Moscow, for appellant. Mark Mumford argued.

Whitney & Whitney, LLP, Moscow, for respondent. Thomas W. Whitney argued.

BURDICK, Justice.

This case involves the granting of a petition for reinterment. We are asked to consider whether a motion to dismiss based on laches was erroneously denied. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant Leroy Albert Pinkham, aka Llewellyn Albert Pingree, (Pinkham) and Respondent Catherine Garcia separated in 1972. Garcia was granted custody of the couple's son, Charles Albert...

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