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POWELL v. POWELL

No. 38,359

173 Kan. 435 (1952)

249 P.2d 630

PAUL M. POWELL, Appellee, v. ALLETTA POWELL (now McCracken), Appellant.

Supreme Court of Kansas.

Opinion filed November 8, 1952.

Attorney(s) appearing for the Case

C.P. Schenck, of Topeka, argued the cause and was on the brief for the appellant.

J.E. DuMars, of Topeka, argued the cause, and Clayton M. Davis, and Mark L. Bennett, both of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the district court involving the custody of a minor child of the parties. Briefly, the facts are as follows:

On July 9, 1936, the parties to this action were divorced and the custody of their child, Patricia Powell, then six months of age, was awarded to appellant (mother). The record reveals that the child is subnormal...

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