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McCARTHY v. McCARTHY

No. 43102.

196 N.W.2d 305 (1972)

Agnes McCARTHY, Respondent, v. John E. McCARTHY, Appellant.

Supreme Court of Minnesota.

March 31, 1972.

Attorney(s) appearing for the Case

Larson & Baddin and Robert E. Lucas, Duluth, for appellant.

Leo M. McDonnell, Duluth, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, TODD, and MASON, JJ.

TODD, Justice.

Proceedings brought by Agnes McCarthy to amend an original decree of divorce so as to allot to her an award of alimony although the decree did not clearly designate a specific award of alimony to her. From an order granting plaintiff alimony, defendant appeals. We reverse the order of the lower court.

The original action for divorce was commenced in October 1957. In August 1958, a stipulation was entered into between the parties, paragraph 2...

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