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CHRISTIAN v. MASON

No. 35331.

219 P.3d 473 (2009)

Jerry CHRISTIAN and Joy Christian, husband and wife, Plaintiffs-Appellants, v. David MASON, Defendant-Respondent.

Supreme Court of Idaho, Pocatello, September 2009 Term.

October 20, 2009.

Attorney(s) appearing for the Case

Marcus, Christian, & Hardee, L.L.P., Boise, for appellants. Michael Christian argued.

Wright, Wright, & Johnson, P.L.L.C., Idaho Falls, for respondent. David A. Johnson argued.

J. JONES, Justice.

This is an appeal from the dismissal of Jerry and Joy Christians' action to set aside an allegedly fraudulent transfer. The district court dismissed the action, finding that the Christians' lacked standing because their claim was preempted by federal bankruptcy law. We vacate and remand.

I.

Factual and Procedural Summary

Jerry and Joy Christian were victims of a Ponzi scheme operated by Robert McClung. McClung, posing...

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