MASEK v. MASEK

No. 11507.

237 N.W.2d 432 (1976)

Patricia Bell MASEK, Plaintiff and Appellant. v. Fred L. MASEK, Defendant and Respondent.

Supreme Court of South Dakota.

January 15, 1976.


Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith and William G. Taylor, Jr., Sioux Falls, for plaintiff and appellant.

Davenport, Evans, Hurwitz & Smith and Carleton R. Hoy, Sioux Falls, for defendant and respondent.


JONES, Circuit Judge.

Plaintiff-mother has appealed from a decision of the trial court denying her custody of the two sons of the parties, now ages 8 and 6.

In the original divorce action, custody of the sons was given to defendant-father by judgment dated August 24, 1973. That decision was appealed to this court, and a divided court affirmed. Masek v. Masek, S.D., 1975, 228 N.W.2d 334.

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