Masek v. Masek

*3JONES, Circuit Judge.

Plaintiff-mother has appealed from a decision of the trial court denying her custody of the two sons of the parties, now ages 8 and 6.

In the original divorce action, custody of the sons was given to defendant-father by judgment dated August 24, 1973. That decision was appealed to this court, and a divided court affirmed. Masek v. Masek, 89 S.D. 62, 1975, 228 N.W.2d 334.

The members of the court who heard the original appeal adhere to the viewpoints expressed by them in that appeal. However, that decision made res judicata the issue of which parent was entitled to custody…