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EBERHART v. EBERHART

Civ. No. 9852.

301 N.W.2d 137 (1981)

Milt EBERHART, Plaintiff and Appellant, v. JoAnn I. EBERHART, Defendant and Appellee.

Supreme Court of North Dakota.

January 8, 1981.

Attorney(s) appearing for the Case

Frederick D. Kraemer, Fargo, for plaintiff and appellant.

Armond G. Erickson and Roger J. Minch, of Tenneson, Serkland, Lundberg, Erickson & Marcil, Fargo, for defendant and appellee.

VANDE WALLE, Justice.

Milt Eberhart appeals from an order of the district court of Cass County affirming a referee's conclusions denying Milt's motion for modification of a judgment and decree of divorce. We reverse and remand.

Milt Eberhart was granted an absolute decree of divorce from JoAnn I. Eberhart on March 5, 1980. The divorce judgment provided in paragraph 7 that Milt should pay to JoAnn the sum of $600 per month "as and for permanent alimony" with...

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