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SCUTO v. GUTZ

No. 41807.

174 N.W.2d 324 (1970)

Cecile E. SCUTO, formerly known as Cecile E. GUTZ, Appellant, v. William H. GUTZ, Respondent.

Supreme Court of Minnesota.

February 13, 1970.

Attorney(s) appearing for the Case

John B. Burke, Jr., and Patrick H. O'Neill, St. Paul, for appellant.

Kempe & Murphy, West St. Paul, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, SHERAN and FRANK T. GALLAGHER, JJ.

OPINION

PER CURIAM.

This is an appeal from an order of the district court denying a change of custody from the father to the mother of two sons, now 7 and 11 years of age. The only issue is whether the evidence compels a finding as a matter of law that the mother was entitled to a change of custody. We hold that it does not.

The parties were married in 1957 and divorced in 1962. Pursuant to their stipulation, the decree gave the mother custody of...

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