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MOSCOW, Idaho -- A University of Idaho attorney says the school can't control what students do on private property outside of school hours, and so it can't be held liable for injuries a 19-year-old sophomore sustained when she fell out a fraternity window after a party.

Lewiston attorney Theodore Creason presented the school's arguments in 2nd District Court Wednesday, asking Judge Michael Griffin to throw out a lawsuit from former student Amanda Andaverde and her parents.

The Andaverdes contend the university, state board and several fraternities and sororities on the Moscow campus didn't do enough to ensure the safety of the Sigma Alpha Epsilon house where their daughter was injured in 2009.

The judge took the matter under advisement and will issue a written ruling at a later date.

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