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ON THE RELATION OF ROSENBARGER v. MAR. C.C. ET AL.

No. 29,720.

239 Ind. 132 (1958)

155 N.E.2d 125

ON THE RELATION OF ROSENBARGER v. MARION CIRCUIT COURT, CLARK, SPECIAL JUDGE.

Supreme Court of Indiana.

Filed January 7, 1958.

Attorney(s) appearing for the Case

Eugene M. Fife, Jr., of Indianapolis, for relator.

Frank Morton, and Jacobs, Mazelin & Jacobs, both of Indianapolis, for respondents.

ACHOR, J.

This is an action for writ of mandate. The facts in the case are as follows:

Relator, the father of a child, filed an action for Writ of Habeas Corpus in the respondent court, claiming that Carl L. Spencer and Pearl Spencer, maternal grandparents of said minor child, unlawfully detained the custody of his child. A judgment unappealed from was rendered on February 26, 1953. The judgment granted custody of the child to the Spencers, but made the child...

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