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CLAYTON v. CLAYTON

No. 817DC257.

284 S.E.2d 125 (1981)

Deborah P. CLAYTON, (Now Richardson) v. James R. CLAYTON.

Court of Appeals of North Carolina.

November 17, 1981.

Attorney(s) appearing for the Case

Biggs, Meadows, Etheridge & Johnson by William D. Etheridge and Lee A. Spinks, and C. Ray Joyner, Rocky Mount, for plaintiff-appellant.

Hopkins & Allen by Grover Prevatte Hopkins and Janice Watson Davidson, Tarboro, for defendant-appellee.

ROBERT M. MARTIN, Judge.

We initially consider plaintiff's assignment of error concerning the change in custody ordered by the court on 16 August 1979. The petition for a temporary restraining order and the temporary order filed on 8 August 1979 refer only to allowing visitation privileges to the defendant and to restraining the movement of the plaintiff and child. This petition and order were inadequate to constitute proper notice of a hearing on change of custody...

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