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COMMONWEALTH ex rel. BURKE v. BIRCH

169 Pa.Super. 537 (1951)

Commonwealth ex rel. Burke v. Birch, Appellant.

Superior Court of Pennsylvania.

September 26, 1951.

Attorney(s) appearing for the Case

Daniel Krause, with him Emanuel Amdur, Walter A. Koegler and Krause & Boreman, for appellants.

George H. Ross, with him Roy T. Clunk, for appellee.

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

OPINION BY RHODES, P.J., September 26, 1951:

Richard L. Burke, by this habeas corpus proceeding, seeks to secure from respondents the custody of his five and one-half year old son. Respondents are the maternal grandparents with whom the mother, relator's wife, was living at the time of her death. The court below, while acknowledging respondents' fitness and devotion to the child, awarded custody to the relator...

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