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GRUBER v. WALLNER

No. 79SA135.

598 P.2d 135 (1979)

George J. GRUBER, Petitioner, v. Louise C. WALLNER and District Court In and For the County of Adams, State of Colorado, District Court Defendant, Honorable Jean J. Jacobucci, District Court, Adams County, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 20, 1979.

Attorney(s) appearing for the Case

Taussig & Flowers, P. C., W. Harold Flowers, Jr., Robert H. Ten Eyck, Jr., Boulder, for petitioner.

Paul Q. Beacom, Dist. Atty., Seventeenth Judicial Dist., Steven Bernard, Marc P. Mishkin, Deputy Dist. Attys., Brighton, for respondents.

ERICKSON, Justice.

We issued a rule to show cause to review a district court ruling that the violation by one ex-spouse of the visitation provisions of a custody decree could not be raised as a defense in an action against the other ex-spouse to obtain support under the Uniform Reciprocal Enforcement of Support Act (URESA), sections 14-5-101, et seq., C.R.S. 1973 (1978 Supp.). We determined in Clearwater County, Minnesota v. Petrash, Colo.,

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