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IN RE MARRIAGE OF AGNE

No. 38657.

565 S.W.2d 799 (1978)

In re the MARRIAGE OF Randall Leroy AGNE, Petitioner-Appellant, and Sandrea Leila Agne, Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

April 25, 1978.

Attorney(s) appearing for the Case

Bernard Edelman, Clayton, for petitioner-appellant.

Bussey, Collier & Dorsey, P. C., Elbert Dorsey, Ronald Vails, St. Louis, for respondent.

SMITH, Judge.

Movant-father appeals from the action of the trial court in denying his motion to modify an award of child custody. The mother had received custody of the 2½ year old son of the parties in the original divorce proceedings nearly three years prior to the hearing for modification.

Movant's major contention on appeal is that the action of the wife in removing the child from Missouri to Oregon without court approval and thereby defeating the...

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