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STATE EX REL. NIESS v. ZILLMER

Civ. No. 890203.

449 N.W.2d 812 (1989)

STATE of North Dakota, County of Cass, ex rel. Marlin NIESS, Plaintiff and Appellee, v. Betty ZILLMER, Defendant and Appellant.

Supreme Court of North Dakota.

December 20, 1989.

Attorney(s) appearing for the Case

Weiss, Wright & Paulson, Jamestown, for defendant and appellant; argued by Robert W. Martin.

Mark Rainer Boening (argued), Asst. States Atty., Fargo, for plaintiff and appellee.

ERICKSTAD, Chief Justice.

Betty Zillmer appeals from an order of the District Court for Cass County denying her motion to vacate judgment and award attorney fees. We affirm but remand for further proceedings.

On July 24, 1974, the District Court for Stutsman County temporarily ordered that two of Zillmer's children, Jane (a pseudonym) and Lance (a pseudonym), be taken into the custody and control of the Director of the Stutsman County Welfare Board. On February...

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