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BUSTAMANTE v. BUSTAMANTE

No. 17305.

645 P.2d 40 (1982)

Rosa BUSTAMANTE, Plaintiff and Appellant, v. Rogelio BUSTAMANTE, Defendant and Respondent.

Supreme Court of Utah.

March 11, 1982.

Attorney(s) appearing for the Case

Jackson Howard, Richard B. Johnson, Provo, for plaintiff and appellant.

Jerry Reynolds, Dallas Young, Jr., Provo, for defendant and respondent.

STEWART, Justice:

Plaintiff, Rosa Bustamante, a nonimmigrant alien, brought this divorce action which was dismissed on the ground that the plaintiff was not a resident of the State of Utah as required by Utah Code Ann., 1953, § 30-3-1. On appeal we must decide whether an alien, present in this jurisdiction under a temporary nonimmigrant visa, is precluded as a matter of law from fulfilling the residency requirements of...

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