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IN RE MARRIAGE OF ZACHER

No. 04-078.

98 P.3d 309 (2004)

2004 MT 249

323 Mont. 54

In re The MARRIAGE OF Michael E. ZACHER, Petitioner and Respondent, and Tammy Renee Zacher, Respondent and Appellant.

Supreme Court of Montana.

Decided September 8, 2004.

Attorney(s) appearing for the Case

For Appellant: Stephen C. Mackey; Towe, Ball, Enright, Mackey & Sommerfeld, Billings, Montana.

For Respondent: Vernon E. Woodward; Hendrickson, Everson, Noenning & Woodward, Billings, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 The District Court for the Thirteenth Judicial District, Yellowstone County, dissolved the marriage of Michael and Tammy Zacher in September of 2003. Tammy appeals. We vacate the District Court's judgment and remand.

¶ 2 The dispositive issue is whether Michael's failure to issue a summons or serve a summons and dissolution petition on Tammy deprived the District Court of jurisdiction...

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