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HASSELL v. MEANS

No. 7910DC182.

257 S.E.2d 123 (1979)

42 N.C. App. 524

Charles R. HASSELL, Jr. v. Lorraine H. MEANS.

Court of Appeals of North Carolina.

August 7, 1979.

Attorney(s) appearing for the Case

Gulley, Barrow & Boxley by Jack P. Gulley, Raleigh, for plaintiff-appellee.

W. Brian Howell, Raleigh, and Michael D. Levine, Chapel Hill, for defendant-appellant.

ERWIN, Judge.

The defendant contends that:

"The court committed error, in concluding, as a matter of law, that custody of the children was not determined by the Separation Agreement of June 20, 1975, between the parties, because the Separation Agreement, the Judgment of Divorce, and the conduct by and between the parties over a period exceeding six years confirms that custody was in fact vested in the defendant-appellant."

We agree with defendant...

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