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BAIER v. HAMPTON

Civ. No. 870076.

417 N.W.2d 801 (1987)

Patricia Ann (Hampton) BAIER, Plaintiff and Appellee, v. James William HAMPTON, Defendant and Appellant.

Supreme Court of North Dakota.

December 29, 1987.

Attorney(s) appearing for the Case

Dennis M. Lothspeich, Asst. State's Atty., Williston, for plaintiff and appellee.

Bjella, Neff, Rathert, Wahl & Eiken, Williston, for defendant and appellant; argued by William E. McKechnie.

LEVINE, Justice.

James William Hampton appeals from a district court order finding him in contempt of court for failure to pay child support and for deceitful and evasive testimony. At issue is whether the contempt order is criminal in part, and if so, whether there was compliance with the procedural requirements of N.D.R.Crim.P. 42.1 We hold that the contempt order was in part criminal, that the procedure outlined in Rule 42(b) was not...

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