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BECK v. SMITH

Civ. No. 9826.

296 N.W.2d 886 (1980)

Carol A. BECK, Petitioner, v. Hon. Kirk SMITH, District Court Judge, and the District Court of the Northeast Central Judicial District, Respondents.

Supreme Court of North Dakota.

August 29, 1980.

Attorney(s) appearing for the Case

Garcia & Garcia, Devils Lake, for petitioner; argued by David Garcia, Devils Lake.

Robert A. Alphson, Grand Forks, for respondents; argued by Lawrence DuBois, Grand Forks, appearance by John Lund, Senior Law Clerk.

ERICKSTAD, Chief Justice.

The petitioner, Carol A. Beck, requests this Court to exercise its original jurisdiction and to use its supervisory power over lower courts, to issue a writ of prohibition against the Grand Forks County District Court to set aside its ex parte order issued July 14, 1980. The ex parte order requires Carol to return custody of her three minor children, Dean Allen, Darrin Lee, and JoAnn Marie, to their father, Phaon A. Beck, pursuant to the...

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