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SCHMITT v. SCHMITT

No. 8959.

362 P.2d 884 (1961)

Doris Irene SCHMITT, Plaintiff-Appellant and Cross-Respondent, v. James J. SCHMITT, Defendant-Respondent and Cross-Appellant.

Supreme Court of Idaho.

June 7, 1961.

Attorney(s) appearing for the Case

Anderson, Kaufman & Anderson, Boise, Bird & Hobdey, Gooding, for appellant.

Parry, Robertson & Daly, Twin Falls, for respondent.

SMITH, Justice.

Appellant, by her action commenced during March 1960 in the district court in Gooding county, seeks the custody and control of the two minor children of the parties, the children having been previously awarded to respondent by a decree of the Superior Court of the Fourth Judicial District of the State of Alaska in its Civil Case No. 10663. The district court sustained respondent's motion to dismiss appellant's complaint without leave to amend and entered...

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