Opinion
No. 3659.
June 5, 1968.
Appeal from the District Court of Laramie County, Allen A. Pearson, J.
Walter C. Urbigkit, Jr., of McClintock, Mai Urbigkit, Cheyenne, for appellant.
Paul B. Godfrey, Cheyenne, for appellee.
Before HARNSBERGER, C.J., and GRAY, McINTYRE, and PARKER, JJ.
The judgment is affirmed by an equally divided court.
With respect to the request that the mother be allowed a reasonable attorney's fee for defense of her right to continued custody of her children, while we must not be understood as establishing a precedent for all such cases, under the circumstances present in this appeal, it is considered appropriate to award the mother an attorney's fee of $300 to be paid by appellant to counsel for appellee.
Affirmed with order for payment by appellant to counsel for appellee of a $300 attorney's fee.