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IN RE MARRIAGE OF CUTLER

No. 97-1464.

588 N.W.2d 425 (1999)

In re the MARRIAGE OF Jonathan CUTLER and Tere P. Cutler Upon the Petition of Jonathan Cutler, Appellant, And Concerning Tere P. Cutler, Appellee.

Supreme Court of Iowa.

Rehearing Denied March 12, 1999.

Attorney(s) appearing for the Case

J.W. McGrath of McGrath & McGrath, P.C., Keosauqua, and Hugh J. Cain of Hopkins & Huebner, P.C., Des Moines, for appellant.

Steven Gardner of Kiple, Kiple, Denefe, Beaver & Gardner, L.L.P., Ottumwa, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, SNELL, and TERNUS, JJ.

CARTER, Justice.

Jonathan Cutler, the petitioner in a marriage dissolution action adjudicated by court decree in October 1995, has appealed from a subsequent order of the district court vacating that decree based on the petition of respondent, Tere P. Cutler, under Iowa Rule of Civil Procedure 252(b). The court of appeals affirmed the vacation of the judgment on grounds different from those relied on by the district court. After reviewing the record and considering...

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