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O'NEIL v. SWAN

No. 44353.

218 N.W.2d 457 (1974)

Albert Thomas O'NEIL, Senior, Appellant, v. Arthur R. SWAN, et al. a. k. a. and d. b. a. Swan, Mattson, Pougiales and Gullickson, Attorneys at Law, Respondents.

Supreme Court of Minnesota.

Rehearing Denied June 17, 1974.

Attorney(s) appearing for the Case

Albert Thomas O'Neil, Sr., pro se.

Brown & Bins, and Frederic N. Brown, Rochester, for respondents.

Considered and decided by the court without oral argument.

PER CURIAM.

Plaintiff, Albert Thomas O'Neil, Sr., appeals from an order of the district court dismissing his complaint with prejudice for failure to state a claim upon which relief can be granted. We affirm.

In 1965, plaintiff's wife, now deceased, commenced a divorce action against him in which one of the hotly contested issues was the custody of the parties' son, then about 10 years of age. The trial court in that case appointed defendant Arthur R. Swan...

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