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STRUTTMANN v. STRUTTMANN

No. 33767.

463 S.W.2d 600 (1971)

Mary Rehma STRUTTMANN, By Mrs. Clark Mosley, Her Next Friend, Plaintiff-Appellant, v. Benny B. STRUTTMANN, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

January 26, 1971.

Attorney(s) appearing for the Case

Edwards, Seigfreid & Runge, Mexico, for plaintiff-appellant.

Van Matre & Van Matre, Mexico, for defendant-respondent.

DOWD, Judge.

The plaintiff filed suit for divorce and asked for custody of the minor son who was 3 years and 9 months old at the time of trial. Defendant-husband filed an answer in which he admits the marriage and that the son was born of the marriage but denied the indignities pleaded by plaintiff and asked that plaintiff's petition be dismissed. Neither party filed a count in equity asking for custody of the minor child in the event a divorce was denied.

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