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WARDER v. WARDER

No. 11199.

203 N.W.2d 531 (1973)

Robert A. WARDER, Plaintiff-Respondent, v. Kathryn A. WARDER, Defendant-Appellant.

Supreme Court of South Dakota.

January 23, 1973.

Attorney(s) appearing for the Case

Martens, Goldsmith, May, Porter & Adam, Pierre, for defendant-appellant.

Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for plaintiff-respondent.

WOLLMAN, Justice.

This is an appeal by defendant, Kathryn A. Warder, from an order granting the sole care, custody and control of her son, Robert A. Warder, Jr. (Robert, Jr.) to plaintiff, Robert A. Warder, the boy's father.

On May 21, 1970, plaintiff started an action for divorce against defendant. On June 23, 1970, plaintiff and defendant signed a stipulation and property settlement which stated in part that:

"Defendant shall have the care, custody...

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