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IN RE MARRIAGE OF MILLER

No. 92-155.

856 P.2d 1378 (1993)

In re the MARRIAGE OF Perry Wayne MILLER, Petitioner and Respondent, and Kathy Jo Miller (Beam), Respondent and Appellant.

Supreme Court of Montana.

Decided July 27, 1993.

Rehearing Denied August 26, 1993.

Attorney(s) appearing for the Case

Patrick F. Flaherty, Great Falls for Appellant.

Dan Falcon, Matteucci, Falcon, Squires & Lester, Great Falls, for respondent.

TRIEWEILER, Justice.

Appellant Kathy Jo Beam appeals from an order issued by the District Court for the Seventeenth Judicial District, Blaine County, in which the court modified the original custody decree and awarded the parties joint custody of their minor child, Lori.

We vacate the order of the District Court on the basis that the court lacked subject matter jurisdiction to modify the original custody decree, and remand to the court for dismissal of this...

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