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OSTERGREN v. OSTERGREN

Docket No. 17, Calendar No. 49,494.

368 Mich. 408 (1962)

118 N.W.2d 245

OSTERGREN v. OSTERGREN.

Supreme Court of Michigan.

Decided December 4, 1962.

Attorney(s) appearing for the Case

Fortino, Plaxton, Deatrick & Sheldon (Kenneth D. Plaxton, of counsel), for plaintiff.

Sinas, Dramis, Brake & Werbelow (Richard J. Brake, of counsel), for defendant.

SOURIS, J.

We are called upon to review a chancellor's denial of a mother's petition for modification of a divorce decree which granted custody of her 3 minor children to their father.* Petitioner, who was defendant in the divorce suit, relies upon CL 1948, § 722.541 (Stat Ann 1957 Rev § 25.311), which provides, in pertinent part:

"That in case of the separation of husband and wife having minor children, the mother of...

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