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IN RE MARRIAGE OF DAVIS

No. C4-87-1613.

418 N.W.2d 746 (1988)

In re the MARRIAGE OF Paul Richard DAVIS, Petitioner, Appellant, and Kathleen Rae Davis, Respondent.

Court of Appeals of Minnesota.

February 9, 1988.

Attorney(s) appearing for the Case

Bailey W. Blethen, Blethen, Gage & Krause, Mankato, for petitioner, appellant.

Leif P. Carlson, Reitan, Kennedy & Ingman, St. Peter, for respondent.

Heard, considered and decided by FOLEY, P.J., and SCHUMACHER and STONE, JJ.

OPINION

SCHUMACHER, Judge.

Appellant seeks relief from an order denying his request for an evidentiary hearing and modification in custody under the two-year waiting period required by Minn. Stat. § 518.18(b).

Appellant argues that because his previous motion was denied without an evidentiary hearing, the prior motion was never decided on its merits.

FACTS

The marriage of appellant Paul Richard Davis and respondent Kathleen...

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