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LARSON v. LARSON

No. C8-86-1362.

400 N.W.2d 379 (1987)

In re the Marriage of Denise LARSON, Petitioner, Respondent, v. Tim LARSON, Appellant.

Court of Appeals of Minnesota.

February 10, 1987.

Attorney(s) appearing for the Case

Janet C. Werness, Southern Minnesota Regional Legal Services, Inc., St. Paul, for respondent.

Kevin F. Mark, Holst, Vogel, Erdmann & Vogel, Red Wing, for appellant.

Considered and decided by RANDALL, P.J., and FOLEY and WOZNIAK, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

This is an appeal from an order denying a motion for modification of custody without an evidentiary hearing. We reverse and remand.

FACTS

Appellant Tim Larson and respondent Denise Larson were divorced in 1982. Denise was awarded custody of the two children, Tim, Jr., who was eight at the time of the modification motion, and Jessica, who was six.

Tim brought an earlier motion for a change of custody in April...

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