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KACK v. KACK

No. 8280.

142 N.W.2d 754 (1966)

Winnifred G. KACK, Plaintiff and Respondent, v. Walter T. KACK, Defendant and Appellant.

Supreme Court of North Dakota.

May 19, 1966.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for appellant.

Stokes, Vaaler, Gillig & Warcup, Grand Forks, for respondent.

ERICKSTAD, Judge.

By summons and complaint dated February 14, 1963, the plaintiff, Winnifred G. Kack, initiated an action against her former husband, the defendant, Walter T. Kack, asserting two causes of action. The first cause of action alleged:

I.

That on or about the 30th day of January, 1960, at a time when an action for divorce was pending between the plaintiff and the defendant, the parties entered into an agreement, which agreement provided...

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