Garcia guitar lawsuit to proceed

SAN RAFAEL, Calif. (AP) - A lawsuit over five of Jerry Garcia's prized guitars will be allowed to proceed, a Marin County Superior Court judge said in a tentative ruling. Judge Michael Dufficy rejected on Wednesday Grateful Dead Productions' motion that the statute of limitations had expired on Doug Irwin's claim to the custom-made guitars. Dufficy also ruled the dispute should proceed as a probate case, meaning Irwin won't have to file a separate civil lawsuit to get the instruments, which could be worth millions as collector items. "This is good news for us," said Irwin's attorney, Douglas Long. Garcia, who died in 1995, bequeathed the guitars to Irwin, who built the instruments for the lead singer of the Grateful Dead from 1973-1990. But the Novato, Calif.-based company that represents surviving band members claims the instruments were never Garcia's to give away because it owns them. In March, Irwin sued Grateful Dead Productions for the guitars.