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COM. ex rel. McDONALD v. SMITH

170 Pa.Super. 254 (1952)

Commonwealth ex rel. McDonald, Appellant, v. Smith.

Superior Court of Pennsylvania.

January 17, 1952.

Attorney(s) appearing for the Case

Harry A. Estep, with him James T. Philpott, for appellants.

Alan D. Riester, with him William W. Milnes and Brandt, Riester & Brandt, for appellees.

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

OPINION BY ROSS, J., January 17, 1952:

This is a habeas corpus proceeding involving the custody of a four-year-old child. The contest for custody is between the father and the maternal grandparents.

The father, Dale E. McDonald and Dorothy Smith, daughter of Charles G. and Florence Smith, the appellees, were married on March 17, 1944. One child, Penelope Ann, was born of this marriage on September 22,...

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