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DINIUS v. DINIUS

Civil No. 960287.

564 N.W.2d 300 (1997)

1997 ND 115

Carmen DINIUS, n/k/a, Carmen Oswald, Plaintiff and Appellee, v. John DINIUS, Defendant and Appellant.

Supreme Court of North Dakota.

June 3, 1997.

Attorney(s) appearing for the Case

Robert J. Snyder, of Snyder Coles Lawyers, Bismarck, for defendant and appellant.

Orell D. Schmitz, of Schmitz, Moench & Schmidt, Bismarck, for plaintiff and appellee.

NEUMANN, Justice.

[¶ 1] John Dinius appeals from the district court's judgment finding him the perpetrator of domestic violence and granting Carmen Oswald, formerly known as Carmen Dinius, custody of their children. We reverse.

[¶ 2] In 1989, John and Carmen Dinius divorced. That same year, John was awarded the custody of their four children. Carmen appealed, and this court upheld the district court's custody award. Dinius v. Dinius,

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