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COM. ex rel. HORTON v. BURKE

190 Pa.Super. 392 (1959)

Commonwealth ex rel. Horton, Appellant, v. Burke.

Superior Court of Pennsylvania.

September 16, 1959.

Attorney(s) appearing for the Case

William G. Schrier, with him M.L. Epstein, for appellant.

Michael J. DeSisti, for appellee.

Before RHODES, P.J., HIRT, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (GUNTHER, J., absent).

OPINION BY ERVIN, J., September 16, 1959:

This is a habeas corpus proceeding in which the father seeks the custody of his 11-year old daughter, Karen Marie Horton, from her mother, Hattie Marie Horton Burke, now married to William Burke. The court below awarded custody to the mother and her present husband but further ordered that Karen be returned to her father "during the summer months between the school terms, and that the father, Sterling B. Horton, be allowed...

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