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PHILLIPS v. DAVIS-SPURLING

No. 94-1690.

541 N.W.2d 846 (1995)

Terry Dean PHILLIPS and Terry Dean Phillips as Next Friend of Dallas Rae Spurling, Appellants, v. Cory DAVIS-SPURLING, Appellee.

Supreme Court of Iowa.

Rehearing Denied December 15, 1995.

Attorney(s) appearing for the Case

Dan T. McGrevey, Fort Dodge, for appellants.

Jerry L. Schnurr III, Fort Dodge, for appellee.

Considered by LARSON, P.J., and CARTER, NEUMAN, ANDREASEN, and TERNUS, JJ.

LARSON, Justice.

This is a contest under Iowa Code section 600B.40 (1993) for the primary physical care of a five-year-old girl, Dallas. The parents, Terry Phillips and Cory Davis-Spurling, have never been married. The district court awarded physical care to the mother, and the court of appeals affirmed. We vacate the court of appeals decision and reverse the judgment of the district court.

Dallas was born in June 1990 following a brief relationship between...

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