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BAKER v. BAKER

No. A06-1252.

753 N.W.2d 644 (2008)

In re the Marriage of Carol Bernice BAKER, Respondent, v. Daniel Remember BAKER, Appellant.

Supreme Court of Minnesota.

June 26, 2008.

Attorney(s) appearing for the Case

Richard D. Goff, Richard D. Goff & Associates (James G. Ryan, on the brief), Minneapolis, MN, for appellant.

Kay Nord Hunt, Lommen, Abdo, Cole, King & Stageberg, PA, Minneapolis, MN, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

MEYER, Justice.

In this dissolution action, we review two issues. First, we are asked to decide whether the investment return1 on the nonmarital portion of certain retirement accounts is also nonmarital. The court of appeals held that the investment return2 on the nonmarital portion of the retirement accounts is marital property, attributing to the account holder, under an agency theory, the...

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