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MAGRUDER v. MAGRUDER

No. 38852.

209 N.W.2d 585 (1973)

190 Neb. 573

Lyell Mitchell MAGRUDER, Appellee-Cross-Appellant, v. Patsy L. MAGRUDER, Appellant-Cross-Appellee.

Supreme Court of Nebraska.

July 27, 1973.

Attorney(s) appearing for the Case

Crites, Shaffer & Slavik, Chadron, for appellant.

Michael V. Smith, Gordon, for appellee.

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

CLINTON, Justice.

This action commenced as one by the plaintiff husband for divorce. Previous to trial on the merits, L.B. 820, Laws 1972, p. 246, was enacted and the action proceeded as one for dissolution of the marriage under that act on the ground alleged in an amendment to the plaintiff's petition that the marriage was irretrievably broken. The defendant wife denied the marriage was irretrievably broken and prayed for a legal separation to allow time to effect...

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