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WHITMIRE v. WHITMIRE

Civil No. 970155.

570 N.W.2d 231 (1997)

1997 ND 214

Burton L. WHITMIRE, Plaintiff and Appellant, v. Audree WHITMIRE, Defendant and Appellee.

Supreme Court of North Dakota.

November 10, 1997.

Attorney(s) appearing for the Case

Severin, Ringsak & Morrow, Bismarck, for plaintiff and appellant; argued by William C. Severin.

Kapsner and Kapsner, Bismarck, for defendant and appellee; argued by Leslie Bakken Oliver.

MESCHKE, Justice.

[¶ 1] Burton Whitmire appealed denial of his motion to quash an emergency ex parte order giving his former wife, Audree Whitmire, sole custody of their daughter, Sierra, and also appealed the subsequent Second Amended Judgment. We reverse the Second Amended Judgment, but affirm the refusal to quash the emergency order.

[¶ 2] Burton and Audree married in January 1993, and their daughter, Sierra, was born in April 1993. They were...

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