Judge Won't Dismiss Garcia Guitar Suit

SAN RAFAEL, Calif. (AP) - A Marin County Superior Court has refused to dismiss a lawsuit that disputes the ownership of five of Jerry Garcia's guitars.

Grateful Dead Productions, the Novato-based company representing the surviving band members, had asked the judge to dismiss Doug Irwin's lawsuit for custody of the guitars, known as Wolf, Tiger, Rosebud, Headless and Wolf Jr. The guitars could be worth millions on the collectors' market.

Irwin, a custom guitar maker, says he's the rightful owner of the guitars he built for the late rock 'n' roll superstar. Garcia left the guitars to Irwin in his will. But the company claims it bought the instruments and they were not Garcia's to give away.

Judge Michael Dufficy ruled last week that Grateful Dead Productions had not proven the three-year statute of limitations had expired on Irwin's claim to the instruments.

Irwin, who did not file his claim for the guitars until March of this year, claims he was given informal assurances that he would get the instruments.