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FRAFJORD v. ELL

Civil No. 960097.

558 N.W.2d 848 (1997)

1997 ND 16

Rakel FRAFJORD, Plaintiff and Appellee, v. Timothy S. ELL, Defendant and Appellant.

Supreme Court of North Dakota.

February 12, 1997.

Attorney(s) appearing for the Case

Sherry Mills Moore (argued), of Foss & Moore, Bismarck, for plaintiff and appellee.

Deborah J. Carpenter (argued), of Carpenter Offices, Bismarck, for defendant and appellant.

NEUMANN, Justice.

[¶ 1] Timothy Ell [Ell] appeals from an order denying his motion for a new trial or for relief from the judgment under Rules 59 and 60, N.D.R.Civ.P. We affirm.

[¶ 2] Ell and Rakel Frafjord [Frafjord] have a son, Timothy Ell, Jr. [Timmy], born in 1991. Ell and Frafjord lived together after Timmy's birth, but never married. Ell and Frafjord separated in January 1993, executing a joint custody stipulation whereby they rotated custody...

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