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MILLER v. MARTICORENA

No. 13629.

531 P.2d 487 (1975)

Richard W. MILLER, Plaintiff and Respondent, v. Sheryl R. (Miller) MARTICORENA, Defendant, and Sergio Marticorena, Third-Party Defendant and Appellant.

Supreme Court of Utah.

January 30, 1975.

Attorney(s) appearing for the Case

Robert D. Maack, Pugsley, Hayes, Watkiss, Campbell & Cowley, Salt Lake City, for third-party defendant and appellant.

Brant H. Wall, Gregory B. Wall, Salt Lake City, for plaintiff and respondent.

TUCKETT, Justice:

We have an unusual fact situation in these proceedings wherein two former husbands of Sheryl Rae Miller Marticorena contest the right to have the custody as well as the duty of supporting a child born to Mrs. Marticorena. From an adverse ruling by the district court, Sergio Marticorena, denominated third-party defendant, appeals to this court.

On May 10, 1969, the plaintiff, Richard W. Miller, and...

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