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McADAMS v. McADAMS

Civ. No. 940204.

530 N.W.2d 647 (1995)

Keith F. McADAMS, Plaintiff and Appellee, v. Carmela McADAMS, Defendant and Appellant.

Supreme Court of North Dakota.

April 13, 1995.

Attorney(s) appearing for the Case

Duane Houdek, Legal Assistance of North Dakota, Bismarck, for defendant and appellant.

William D. Schmidt, Peterson, Schmitz, Moench & Schmidt, Bismarck, for plaintiff and appellee.

Appearance by Melvin L. Webster, guardian ad litem.

SANDSTROM, Justice.

Carmen McAdams appeals a divorce judgment and a denial of motion for a new trial arguing the district court clearly erred in splitting custody of the parties' two children. She also contends the district court abused its discretion in denying her motion for a new trial based on an irregularity in the proceedings and insufficient evidence. We reverse the judgment and remand for a new trial.

I...

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