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PHILLIPS v. DISTRICT COURT OF HARDIN COUNTY

No. 50137.

106 N.W.2d 68 (1960)

Harvey H. PHILLIPS, Petitioner, v. DISTRICT COURT OF HARDIN COUNTY, Iowa, Respondent.

Supreme Court of Iowa.

November 15, 1960.

Attorney(s) appearing for the Case

Haupert, Robertson & Johnson, Marshalltown, for petitioner.

Lundy, Butler & Wilson, Eldora, for respondent.

THOMPSON, Justice.

The petitioner herein was divorced from Dorothy Phillips by a decree of the Hardin District Court, entered on January 9, 1960. The parties are the parents of three sons: John, aged 13; Harvey II, aged 11, and Robert, aged 9. The divorce decree gave the custody of the two older boys to the petitioner, and of Robert to his mother, Dorothy. The decree contained this provision: "That the children born as a result of this marriage, whether in the custody...

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