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COM. ex rel. HUFF v. MEMOLO

170 Pa.Super. 49 (1951)

Commonwealth ex rel. Huff, Appellant, v. Memolo.

Superior Court of Pennsylvania.

November 15, 1951.

Attorney(s) appearing for the Case

Gerald G. Dolphin, for appellant.

W. Leach, with him John R. Lenahan and Leach & Lenahan, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ. (GUNTHER, J., absent).

OPINION BY ROSS, J., November 15, 1951:

This is a habeas corpus proceeding involving the custody of a four-year-old girl. The contest is between father and mother, now divorced, the mother being remarried and presently living in New Jersey. The court, by an order entered May 14, 1951, awarded custody "for the present" to the father and the mother has taken this appeal.

The order of the court below was based upon evidence which, over objection by counsel for...

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