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DOWNEY v. ZWIGART

No. C0-85-566.

378 N.W.2d 639 (1985)

In re the Marriage of Martha DOWNEY, f.k.a. Martha Zwigart, Petitioner, Appellant. v. Robert Charles ZWIGART, Sr., Respondent.

Court of Appeals of Minnesota.

December 10, 1985.

Attorney(s) appearing for the Case

Jennifer R. Wellner, Duranske & Wellner, Bemidji, for appellant.

Robert Charles Zwigart, Sr., pro se.

Heard, considered and decided by CRIPPEN, P.J., and WOZNIAK and LANSING, JJ.

OPINION

LANSING, Judge.

This appeal is from an order denying an evidentiary hearing on appellant's motion to modify the custody provisions of a dissolution decree. We reverse and remand.

FACTS

Martha Downey and Robert Zwigart were married July 29, 1978. A child, Robert Jr., was born in May 1979. From early 1980 until October 28, 1981, Robert Jr. was in the care of his mother while his father was overseas in the military. In October 1981...

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