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IN RE McMENAMIN

No. 36319.

277 P.2d 120 (1954)

In re Habeas Corpus of Patricia Jean McMENAMIN.

Supreme Court of Oklahoma.

Rehearing Denied December 7, 1954.

Attorney(s) appearing for the Case

Cargill & Cargill, Oklahoma City, for plaintiff in error.

Gomer Smith & Associates, by Homer A. Smith, Gomer Smith, Jr., Oklahoma City, for defendant in error.

BLACKBIRD, Justice.

This is an appeal by James Patrick McMenamin, divorced former husband of Norma Jean McMenamin, from a judgment of the District Court of Oklahoma County denying his petition for a writ of habeas corpus to obtain "custody", during the month of August, 1953, of said parties' 5 1/2-year-old daughter, Patricia Jean.

The parties' divorce action was filed by McMenamin, as plaintiff, in the Court of Common Pleas of Philadelphia County, Pennsylvania...

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