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SMITH v. SMITH

No. KCD 28549.

548 S.W.2d 248 (1977)

In Re the MARRIAGE OF John Steven SMITH, Petitioner-Appellant, v. Judith Ellen Smith, Respondent.

Missouri Court of Appeals, Kansas City District.

February 28, 1977.

Attorney(s) appearing for the Case

George G. Allen, Jr., Niewald, Risjord & Waldeck, Russell D. Jacobson, Kansas City, for petitioner-appellant.

Bob J. Hiler, Kansas City, for respondent.

Before SWOFFORD, P. J., and SHANGLER and DIXON, JJ.

DIXON, Judge.

An appeal from an order of the trial court denying the father's motion for a change of custody of a five-year-old boy. The motion and the evidence taken thereon centered on the health of the child. The father's contention is that the trial court order is against the weight of the evidence. The trial court order is reversed with directions.

The parties were divorced in October, 1974, and the instant motion was heard in late December, 1975. The...

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