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ATTEBERY v. SUTHERLAND

No. 15578.

333 S.W.2d 709 (1960)

Oley E. ATTEBERY, Appellant, v. Colleen SUTHERLAND et vir, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 25, 1960.

Attorney(s) appearing for the Case

Brewster, Pannell, Leeton & Dean, Fort Worth, for appellant.

Clyde & Barnes, Fort Worth, for appellees.

DIXON, Chief Justice.

This suit seeking a change in custody of an eight year old girl, was brought by Colleen Sutherland and her husband, Spurgeon Sutherland, against Oley E. Attebery. Colleen Sutherland and Oley E. Attebery were formerly husband and wife. They were divorced in 1953. The custody of their child was awarded to the father.

In the present suit judgment was rendered changing the custody from the father to the mother, but with this provision: "...

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