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BENSON v. BENSON

No. 20030033.

667 N.W.2d 582 (2003)

2003 ND 131

Rachel E. BENSON, Plaintiff and Appellee, v. Barry L. BENSON, Defendant and Appellant.

Supreme Court of North Dakota.

August 20, 2003.

Attorney(s) appearing for the Case

Carrie L. Francis, Legal Assistance of North Dakota, Minot, for plaintiff and appellee.

Tom P. Slorby, Minot, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Barry Benson appealed a district court judgment which concluded the state of Texas had jurisdiction to decide his child custody action. We reverse and remand for further proceedings consistent with this opinion.

I

[¶ 2] Barry and Rachel Benson were divorced in July 1998. They had one child, Dalton, who was born in August 1996. By a stipulation incorporated into the North Dakota judgment, the parties agreed...

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