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(Download) "State Idaho v. Erma Palmlund" by Supreme Court of Idaho No. 10947 * eBook PDF Kindle ePub Free

State Idaho v. Erma Palmlund

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eBook details

  • Title: State Idaho v. Erma Palmlund
  • Author : Supreme Court of Idaho No. 10947
  • Release Date : January 29, 1972
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The State of Idaho (hereinafter appellant) filed this appeal to contest the district court's order granting dismissal of its contempt charge against Mrs. Erma Palmlund, doing business as People's Denture Service (hereinafter respondent). In her business, respondent engages in various practices concerning the repair and relining of dental prosthetic appliances. In October, 1968, appellant, on behalf of the Idaho Board of Dentistry, filed a complaint in the district court of the Second Judicial District against respondent to have her enjoined from performing activities which constitute the unlicensed practice of dentistry as defined in I.C. 54-901. Based on relevant affidavits and motions, the court issued a temporary restraining order against respondent and ordered her to show cause why the injunction should not issue. After the show cause hearing, the court issued a preliminary injunction with delineated specific activities which respondent was prohibited from undertaking. In January of 1969, respondent and appellant, through counsel, stipulated to the entry of a permanent injunction order which incorporated by reference the terms of the preliminary injunction. On March 1, 1971, appellant filed a petition in the same district court to punish respondent for contempt arising out of respondent's alleged violation of the injunction. Accompanying the petition were the affidavits of two investigators which detailed activities which respondent allegedly performed in violation of the injunction. The show cause hearing founded on these documents was conducted on March 26, 1971. At the close of appellant's presentation of evidence at the hearing, respondent's motion for dismissal (I.R.C.P. Rule 41(b)) was granted by the district court. From the district court's order, appellant has appealed to this court.[Footnote 1]


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