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Published July 20, 2013, 01:48 PM

ND breeder asks to regain custody of seized dogs

CASSELTON, N.D. (AP) — A Wheatland man whose nearly 170 dogs were seized earlier this month has petitioned to regain custody of the dogs.

By: Associated Press, Associated Press

CASSELTON, N.D. (AP) — A Wheatland man whose nearly 170 dogs were seized earlier this month has petitioned to regain custody of the dogs.

The Forum newspaper reports that Darcy Smith had five days to file for custody of the dogs. Authorities took the dogs to a Casselton veterinarian for care after saying they had been kept in poor conditions.

Cass County prosecutor Leah Viste says the county will fight Smith's efforts to have the dogs returned to him.

Authorities say 168 dogs were originally seized, but one of the dogs gave birth to puppies.

A judge will decide whether the dogs will be returned to Smith. A hearing will be held July 30.

Viste says if the judge decides the dogs will stay with the county, they may become available for adoption.

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