Appeals court: Widower can no longer file suit - WKOW 27: Madison, WI Breaking News, Weather and Sports

Appeals court: Widower can no longer file suit

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PORTAGE (AP) -- The court of appeals has ruled the widower of a woman killed in 1980 waited too long to file a wrongful death lawsuit against the convicted killer.

The Portage Daily Register says the court agreed with a Columbia County judge.  In February, the judge said that the wrongful death lawsuit was filed four months after the two-year deadline of the statute of limitations.

In 2010, Randolph resident Curtis Forbes was convicted of killing 18-year-old Marilyn McIntyre in Columbus.  Her husband found her body when he returned from working an overnight shift in 1980.  The couple's 3-month-old baby was in a crib.

He was charged in March 2009 after advances in DNA technology revived the investigation.

McIntyre's husband, Lane McIntyre, and their son Christopher McIntyre filed the lawsuit in July 2011.

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