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IN RE MARRIAGE OF WAGGONER

No. 88-56.

438 N.W.2d 850 (1989)

In re the MARRIAGE OF Ellen Marie WAGGONER and Larry George Waggoner. Upon the Petition of Ellen Marie Waggoner, Petitioner-Appellant, And Concerning Larry George Waggoner, Respondent-Appellee.

Court of Appeals of Iowa.

February 23, 1989.

Attorney(s) appearing for the Case

Morris L. Eckhart of Milroy & Eckhart, Vinton, for petitioner-appellant.

Stephen B. Jackson of Hines, Pence, Jackson, Day & Powers, Cedar Rapids, for respondent-appellee.

Considered by SCHLEGEL, P.J., and HAYDEN and HABHAB, JJ.

SCHLEGEL, Presiding Judge.

Petitioner Ellen Marie Waggoner appeals the district court's dismissal of her cross-petition to modify the decree of dissolution. The cross-petition alleged that respondent husband's pension plan was not considered by the court in making the original provisions of the decree "due to fraud, irregularity, or mistake." Petitioner claims the district court erred in: 1) sustaining respondent's motion to dismiss her cross-petition; and 2) overruling...

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