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ZIMMERMAN v. NEWTON

Civil No. 970042.

569 N.W.2d 700 (1997)

1997 ND 197

Stephanie ZIMMERMAN, Plaintiff and Appellant, v. Mark NEWTON, Defendant and Appellee.

Supreme Court of North Dakota.

October 21, 1997.

Attorney(s) appearing for the Case

Daniel J. Chapman (argued), of Chapman & Chapman, Bismarck, for plaintiff and appellant.

Theresa L. Zimmerman (argued), of American Legal Services, Bismarck, for defendant and appellee.

MESCHKE, Justice.

[¶ 1] Stephanie Zimmerman appealed a memorandum opinion and order dismissing her action against Mark Newton for custody of their minor child, Chelsey. We hold the trial court did not err in declining to exercise jurisdiction because a proceeding for custody of Chelsey was pending in Massachusetts when Zimmerman filed this North Dakota action. We affirm.

[¶ 2] Zimmerman and Newton have never been married. According to Zimmerman,...

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