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BERIGAN v. BERIGAN

No. 37439.

176 N.W.2d 1 (1970)

185 Neb. 411

Alfred E. BERIGAN, Appellee, v. Mary L. BERIGAN, now Mary L. Lechman, Appellant.

Supreme Court of Nebraska.

April 3, 1970.

Attorney(s) appearing for the Case

Mitchell & Beatty, Omaha, for appellant.

Eisenstatt, Higgins, Miller & Kinnamon, J. Patrick Green, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

WHITE, Chief Justice.

A 1964 divorce decree granted the defendant mother Mary Berigan a divorce but, due to her serious illness, placed custody of their two boys in the plaintiff father. On August 7, 1968, defendant filed this petition for modification and custody of the boys. At the close of her evidence, the district court sustained the plaintiff's motion to dismiss for insufficiency of evidence. We reverse the judgment of the district court and remand the cause...

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