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HAMILTON v. HAMILTON

Civ. No. 11301.

410 N.W.2d 508 (1987)

Phyllis I. HAMILTON, Plaintiff and Appellant, v. R. Lee HAMILTON, Defendant and Appellee.

Supreme Court of North Dakota.

July 28, 1987.

Attorney(s) appearing for the Case

Stefanson, Landberg, Plambeck & Geeslin, Moorhead, Minn., for plaintiff and appellant; argued by Randolph E. Stefanson.

John G. Shaft, and Allen J. Flaten, Grand Forks, for defendant and appellee; argued by Allen J. Flaten.

GIERKE, Justice.

Phyllis I. Hamilton (Phyllis) appeals the decision of the East Central District Court dismissing her independent action in equity to obtain relief from judgment in an attempt to vacate portions of a divorce judgment docketed in 1982. Phyllis' former husband, R. Lee Hamilton (Lee), submitted a motion for dismissal of Phyllis' action, with prejudice, pursuant to Rule 12(b)(5) and Rule 56, N.D.R.Civ.P. The...

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