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STATE EX REL. NELSON v. WHALEY

No. 36,690.

246 Minn. 535 (1956)

STATE EX REL. CLARYCE ELAINE NELSON, AS MOTHER AND NATURAL GUARDIAN OF PHILIP JOHN NELSON, A MINOR, v. BYRON C. WHALEY AND ANOTHER.

Supreme Court of Minnesota.

March 16, 1956.

Attorney(s) appearing for the Case

McCabe, Clure, VanEvera & Donovan and Dennis F. Donovan, Jr., for appellant.

Reavill, Jenswold, Neimeyer & Johnson and John D. Jenswold, for respondents.

MURPHY, JUSTICE.

This is a habeas corpus proceeding for the custody of an infant. The relator is Claryce Elaine Nelson, an unmarried mother, and the respondents are Byron C. Whaley and his wife, Simone, residents of Duluth, Minnesota, who now have custody of the child. Although the trial is de novo in this court2 we have, pursuant to stipulation of the parties, considered the case on the record below.

Because of the unusual circumstances...

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