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WHITMORE v. FISCHER

No. C5-86-377.

397 N.W.2d 371 (1986)

In re the Marriage of Mary Lou (Fischer) WHITMORE, petitioner, Respondent, v. Leonard H. FISCHER, Appellant.

Court of Appeals of Minnesota.

December 9, 1986.

Attorney(s) appearing for the Case

Lois A. Paulson, Legal Aid Service of Northeastern Minnesota, Duluth, for respondent.

Carol M. Person, Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, for appellant.

Heard, considered and decided by RANDALL, P.J., and FOLEY and HUSPENI, JJ.

OPINION

FOLEY, Judge.

Leonard Fischer appeals from a judgment awarding respondent Mary Lou (Fischer) Whitmore custody of the parties' two minor children and from an order denying his motion for a new trial. On appeal, Fischer claims that the custody award constitutes an abuse of discretion because it is based on erroneous findings by the trial court relating to alleged physical and sexual abuse of the children by the stepfather. Fischer further contends...

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