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BANECK v. BANECK

No. 54376.

455 So.2d 766 (1984)

Allen James BANECK v. Jean Clare BANECK.

Supreme Court of Mississippi.

August 22, 1984.

Attorney(s) appearing for the Case

Jack R. Jones, Ronald L. Taylor, Taylor & Whitwell, Southaven, for appellant.

Dudley Bridgforth, Bridgforth, Woods, Buntin & Snyder, Southaven, for appellee.

Before WALKER, P.J., and BOWLING and HAWKINS, JJ.

HAWKINS, Justice for the court:

This is an appeal by Allen James Baneck from a final decree awarding his wife custody of their two-and-one-half-year-old son. Because the chancellor based his decision upon a misapprehension of our decisions, we reverse and remand to permit a review and hearing for custody, based solely upon the best interest of the child.

Baneck and his wife, Jean Clare Baneck, were married July 26, 1974. During their marriage she had a miscarriage...

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