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POWELL v. POWELL

No. C4-85-490.

371 N.W.2d 9 (1985)

In re the Marriage of Katherine J. POWELL, n.k.a. Katherine Bradshaw Agbe, petitioner, Appellant, v. James C. POWELL, Respondent.

Court of Appeals of Minnesota.

July 9, 1985.

Attorney(s) appearing for the Case

Becky Skinner Toevs, Messerli & Kramer, Minneapolis, for appellant.

Steven C. Pundt, Minneapolis, for respondent.

Heard, considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ.

OPINION

PARKER, Judge.

Katherine Powell appeals the district court's determination that her remarriage in January 1983 terminated James Powell's obligation to pay maintenance as provided in the 1982 judgment and decree dissolving their marriage. James Powell also appeals under Minn.R.Civ.App.P. 106, contending the trial court erred in refusing to award him attorney's fees. We reverse and reinstate the order of the referee who first heard the matter.

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